Castegnaro Newsflash 12.08.2016

Print

Moral harassment - A future bill on moral harassment

Unlike sexual harassment, moral harassment at work is not defined by a specific law in Luxembourg. The Convention of 25 June 2009 on harassment and violence at work which was declared generally binding by the Grand Ducal Regulation of 15 December 2009, therefore constitutes the legal framework of reference for moral harassment.

The Minister of Labour, Employment and Social Economy, Mr Nicolas Schmit, nevertheless confirmed to the Deputy, Mr Aly Kaes, in the context of his parliamentary answer of 2 August 2016, that a “bill on the protection against moral harassment will be commenced after the summer recess”.

The Minister of Labour also indicated in his answer that he did not have any information on the number of cases of moral harassment which resulted in a sentence for the employer and that this “phenomenon” also could not be quantified, as a lawsuit for moral harassment does not require an obligatory consideration by the Inspectorate of Labour and Mines (hereinafter “the ITM”).

The Minister was nevertheless able to affirm that since 1^st March 2015, six employees had contacted the ITM for information on moral harassment and that eleven complaints (of which nine are still on-going) were submitted to the ITM and required more intensive consideration. The two remaining complaints were handled through informal mediation in accordance with article L. 614-2 if the Employment Code.

Parliament question and answer n°2161 - Subject: moral harassment