The law of 29 March 2023 on the modification of the Labour Code introducing a system of protection against moral harassment in the context of work relations, was published in the Official Journal this Wednesday, 5 April 2023, and will come into effect on 9 April 2023.
The law of 29 March 2023 introduces a new chapter VI in the volume II, title IV of the Labour Code and gives a clear definition of the concept of moral harassment in the new article L.246-2: "any conduct which, by its repetition, or its systematization, harms the dignity or the psychological or physical integrity of a person."
The article further specifies that "business trips, professional trainings, communications related to or resulting from work by any means whatsoever, even outside normal working hours, are an integral part of the execution of work."
In the new article L.246-3, it is specified that the employer, as well as the employee, must refrain from any moral harassment in the context of work relations. The same rule applies to any customer or supplier of the company.
According to article L.246-7, any act of moral harassment is punishable by a fine of 251 to 2,500 euros.
According to the new article L.246-4, the employee victim cannot be subject to reprisals because of his or her protests or refusals to accept a behaviour of moral harassment committed by the employer or other hierarchical superiors, colleagues and external people connected with the employer. The same protection is granted to the...
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