The law governing and punishing mobbing is a major step forward in the world of work. It imposes a procedure designed to legitimize cases of moral harassment, with defined and empowered players.

All players in the company are affected by the application of this law: "The company is now directly confronted, with a duty to investigate and take action. The staff delegation has a direct right to accompany the company, and when it has a mandate, it can attend all meetings. This law provides greater security for victims of harassment."

Clearly defined actors

The delegate reports the harassment, helps put together a file and the commission chairman lodges the official complaint. Once the file has been received, the investigation process begins.

The law on mobbing has a real impact on the support and protection of victims. It stipulates that mobbing must cease immediately, with an internal investigation and a time limit for the employer. If the victim is not satisfied with the outcome of the investigation, he or she can then refer the matter to the ITM: this is where a third-party authority comes into play, which the company generally wishes to avoid...

"This is a very important point, which calls for serious investigation. It proves once again that the law against mobbing is far from useless".

Nevertheless, an insult or an injunction is not enough to prove harassment, which must be characterized by its repetitive nature. You need to provide evidence and carry out a serious investigation that proves the harassment through testimonials, e-mails or team conversations. WhatsApp messages are also accepted as evidence.

"The aim is to establish a chronology of events and prove that the professional role and/or dignity have been compromised.

The indispensable role of the staff delegation in protecting the victim

When employees give their staff delegation a mandate to represent them, this enables them to be present at all meetings and other correspondence relating to the case. "There is always a third person from the delegation with the harassed employee, who is never alone. It's a very important protective measure that prevents any pressure tactics".

The person harassed can be dismissed from the company to avoid having to deal with the harasser for the duration of the problem. This is called extraordinary leave.

"This is not punishment, but protection, and the salary will be paid without being punished. The aim will be to get her back, so that she regains her dignity, and doesn't suffer any more than she already has."