Preventing and managing workplace moral harassment in Luxembourg

The fight against workplace moral harassment is becoming an increasingly important issue for Luxembourg employers, who are facing a rise in reports of harassment-related incidents. In such situations, employers must be able to strike the right balance between responsiveness and caution.

As an employer, it is essential to adopt a proactive approach: beyond being a legal obligation, this is also a way to protect both the company and its teams. It is therefore crucial to remain vigilant and to adopt the right reflexes when faced with this type of conduct. This is all the more important as Luxembourg legislation imposes on employers both obligations to prevent acts of harassment and obligations to combat such conduct.

• Understanding what constitutes moral harassment

Under the Luxembourg Labour Code, moral harassment in the context of employment relationships is based on conduct or behaviour which, through its repeated or systematic nature, undermines a person’s dignity or psychological or physical integrity.

Depending on the circumstances, it may be committed by a line manager, a colleague or even a subordinate, and may take the form of humiliating remarks, organised isolation, an unjustified excessive workload, an unjustified withdrawal of responsibilities, or persistent hostile behaviour.

• Preventing moral harassment and implementing an effective prevention policy

Employers are legally required to put in place a legal and practical framework designed to effectively protect their employees against moral harassment and, in doing so, limit the legal risks arising from such conduct. Beyond this mandatory requirement, and given the harmful and insidious nature of moral harassment, employers have every interest in doing so. This is all the more important as an employer may be held liable if it has failed to take the necessary measures to prevent and put an end to a harassment situation.

Accordingly, employers should ensure that they establish a clear internal policy dedicated to combating moral harassment, raise awareness among employees through regular training, and set up at least one reporting channel accessible to all employees in order to demonstrate a genuine zero-tolerance policy towards such conduct.

• Responding to a report of moral harassment

Any report of moral harassment brought to the employer’s attention requires an appropriate, swift and tangible response. Under no circumstances should the employer take the easy route, particularly by pretending to ignore or minimise the reported situation.

The employer is therefore legally required to take several measures, all of which are complementary and inseparable:

• • Acknowledge receipt of the report very promptly and inform the alleged victim of the employer’s commitment to fully investigate the reported facts;
  • Implement interim measures aimed, in particular, at protecting the alleged victim from the reported conduct. Such measures may include a temporary reorganisation of the alleged victim’s work or the distancing of the alleged harasser;
  • Promptly launch a thorough internal investigation. This investigation, which may be entrusted to an employee or to a person external to the employer, must be conducted swiftly, impartially, confidentially and comprehensively, since all persons mentioned in the report should be duly heard. In this context, the persons concerned must be able to express themselves freely and assert their rights, in particular the person accused, who must be able to defend themselves. Respect for privacy, dignity and the presumption of innocence is essential in this respect;
  • Ensure that all investigations and their findings are carefully recorded and documented, and that a report is drawn up at the end of the investigation;
  • Decide, on the basis of the report, whether acts of harassment have been established and, accordingly, take concrete measures in respect of the persons involved, such as appropriate sanctions against the perpetrator or perpetrators of the harassment;
  • Restore a calm working environment and reassess the measures put in place to combat moral harassment.

For employers, the fight against moral harassment must go beyond a mere legal obligation. Ensuring a calm social climate within the working environment is both a social and an economic issue, helping employers to retain employees and attract new talent.

Our firm regularly assists employers with the implementation of internal policies and the management of sensitive reports. Contact us to assess your current policy and strengthen your practices.

Key takeaways

• Failure to act following a report may trigger the employer’s liability.
• Responsiveness and the implementation of relevant and effective measures are essential.
• An internal policy that is established and regularly reassessed is crucial.