The new provisions of the Labour Code on the protection of employees against moralharassment were recently published in the Official Journal. You can find the full text here.

The new chapter now includes these provisions in the Labour Code among the measures to be taken by the employer: 

• the definition of the means available to victims of psychologicalharassment, in particular the reception, help and support required for victims, the measures for their care and return to work as well as the way to address the staff delegation;
• The rapid and impartial investigation of acts of psychologicalharassment in the context of labour relations;
• Raising awareness among employees and managers about the definition of mobbing, its management within the company and thesanctions against the perpetrators of acts of mobbing;
• Informing the staff delegation or, failing that, all staff of the obligations incumbent on the employer to prevent acts of mobbing in the course of employment relations;
• information and training for employees.

In concrete terms, and as already provided in the GDR of 15 December 2009, the employer must define specific policies and procedures in this area. 

It should also be noted that the powers of the ITM have been extended. Indeed, if theharassment continues after applying the measures provided internally, the employee concerned may refer the matter to the ITM, which will rule by hearing the parties.

News from www.sstl.lu

Published on 28 April 2023