No law punishes mobbing in Luxembourg. If recourses exist for victims, lawmakers slow to address the problem at its root.
On last 1 August, the online portal of the Luxembourg Administration (Guichet.lu) posted an article on workplace bullying. This form of psychological violence is more known in Germany and Luxembourg as mobbing, which refers to a disorderly gathering by a crowd.
The term was first used in the 1980s by the Swedish psychologist Heinz Leymann, who describes this psychical terror as an “hostile and unethical communication which is directed in a systematic way by one or a number of persons mainly toward one individual. There are also cases where such mobbing is mutual until one of the participants becomes the underdog. These actions take place often (almost every day) and over a long period (at least for six months) and, because of this frequency and duration, result in considerable psychic, psychosomatic and social misery,” Leymann wrote.
Furthermore, on 29 June 2000, the National Consultative Commission on Human Rights, a French governmental organisation, published a recommendation on mobbing: it “undermines the principles contained in the founding texts of Human Rights and is an affront to the dignity of the employee, the integrity of the person and the right to work. It endangers not only personal balance, but also the health of the individual and his family,” the document details.
If the phenomenon is known and recognised as harmful, it presents however complex and too multiple forms to be included in a sole broad definition. According to Guichet.lu, its main features include “repetition and its systematisation, with the purpose or effect of violating the dignity of the person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.”
Furthermore, the site lists a few examples of such emotional abuses: “isolation, humiliation in front of other co-workers, preventing him/her to express himself/herself, unjustifiably questioning his/her professional skills.”
What recourses for employees?
Consequences and adverse effects are manifold: loss of self-esteem, psychosomatic disorders, sleep disorders, depression and suicidal temptations.
Despite of the effects, there is however no law in Luxembourg on the issue.
The only existing text as at today is an interprofessional agreement on harassment and violence at work, signed by the Social Partners. “Declared of general obligation, it only presents guidelines for prevention and management of harassment and violence at work,” the portal states. “Jurisprudence nevertheless held that the concept of bullying is part of the Luxembourg legal system.”
To arbitrate on cases of workplace bullying, courts apply the ordinary law, specifically the Article 1134 of the Civil Code. But, it is also the responsibility of the victim to provide, not only evidence of harassment, but also that the resulting damage is directly related to bullying.
Obligations of the employer: prevention and sanction
“Even if he/she is not the author of harassment, the employer must in the context of bullying subscribe to certain obligations,” the online portal of the Luxembourg Administration says.
First, he/she is required, as an officer of the company, to provide its employees with normal working conditions and dignity. “He/she will in this case take all necessary measures to prevent and eliminate all forms of harassment within the company,” the portal explains.
For jurisprudence moreover, “the employer may be liable as an entrepreneur.” Hence, the entrepreneur must both prevent acts of harassment and impose disciplinary sanctions against the perpetrator or perpetrators of this harassment.
What to do in case of serious misconduct of the employer?
Otherwise, the employee subject to bullying has the right to terminate his employment contract, due to serious misconduct from the employer. “In principle, the resigning employee is required to comply with a notice period before definitely leaving his job. However, he/she has the ability to terminate the employment contract without having to comply with the notice period in case of serious misconduct by his employer. In this case, the termination of the contract will take effect immediately, ” the portal explains.
Marc Alison
For more information on bullying
Mobbingasbl
48-50, rue de Strasbourg
L-2560 Luxembourg,
phone: (+352) 26 29 64 64 / Fax: (+352) 49 94 24 349
mobbing@lcgb.lu
https://lcgb.lu/fr/page/mobbing
Opening hours: Monday to Friday from 8.00 am to 12.00 am
Contact for individual consultations: afternoon appointment: Tuesday and Thursday 7.00 p.m. to 9.00 p.m.
phone: +352 621 371 212
CSL Stressberodung
13, rue de Bragance
L-1255 Luxembourg
phone: (+352) 247 494-222
Opening hours: Monday to Friday 8.00 am – 12:00 am and 2.00 pm – 5.00 pm