The new law portant modification du Code du travail en vue d’introduire un dispositif relatif à la protection contre le harcèlement moral à l’occasion des relations de travail a été votée le 9 mars 2023.
The employer and employees, as well as any of the company’s clients or suppliers, must refrain from any harassment in the workplace.
Employers must determine what measures to take to protect employees against harassment in the workplace, after informing and consulting with staff representative groups or, failing this, with all staff. The form that these measures must take, which must be determined by the employer, is not specified. A policy on harassment, or a chapter on combating harassment within a company’s in-house rules, would seem to be an appropriate solution.
These minimum measures must be adapted to the nature of activities and the size of the company, and can in no circumstances be to the detriment of the victim of harassment (definition of resources made available to victims of harassment, speedy and totally impartial investigation, raising awareness among employees and managers etc.).
When the employer is made aware of an instance of harassment, the employer must put an end to the harassment and carry out an internal assessment of the effectiveness of preventive measures, as well as of the implementation of any new preventive measures that need to be taken.
A fine of between 251 euros and 2,500 euros can be imposed on anybody who fails to respect these new provisions. These penalties can be increased, to a maximum of twice the amount, in the event of a repeat offence within two years.
If the harassment continues or if the employer fails to take adequate measures, any employee who regards him or herself as the victim can refer the matter to the Inspection du travail et des mines (ITM).
After looking at the case, the ITM will put together a report containing recommendations and proposals for measures to put an end to the harassment and can order the employer to take the necessary measures to put an end to any harassment immediately within a deadline defined according to the content of the report.
If the order given is not respected within the given deadline, the director of the ITM is entitled to impose an administrative fine on the employer.
The provisions of this new law should come into force three days after it is published in the Mémorial of the Journal Officiel of the Grand Duchy of Luxembourg. The law could therefore come into force before the end of March, if it is published in the next few weeks.
The Government is invited to assess this new law two years after it comes into force in order to determine its effectiveness and any shortcomings.
