Person of trust

Harassment

When an employee is the victim of a series of hostile comments or actions repeated over a long period of time and aimed at marginalizing him or her in the workplace, it constitutes mobbing.

When an employee is subjected to unwelcome behavior of a sexual nature that violates his/her dignity, this constitutes sexual harassment.

Protection of the employee’s personality

The employer must protect the health of its employees. Harassment situations can damage their personality and lead to work incapacity or burnout.

The employer is obliged to take all appropriate measures to prevent and put an end to such situations.

Procedure

Faced with a situation of mobbing or sexual harassment, the employee does not always know how to react or who to contact. The employer must put in place a procedure to resolve this type of conflict.

Person of trust

The employer must in principle provide for an independent and neutral person to whom employees can confide in when they are subjected to psychological or sexual harassment. This system is not without its problems.

Can the procedure put in place provide that the employee must go to his or her supervisor, human resources or employer? Does the trusted person have to be external to the company? What training and qualifications should the support person have? What measures can he or she propose to put an end to harassment situations?

The establishment of a confidential person in small and medium-sized companies is sometimes costly. Is it mandatory in all companies? How can the costs be limited?

Employer's responsibility

The employer has a real obligation to put in place a procedure to deal with situations of sexual harassment and mobbing.

If the employer does not appoint a person of trust or if this person does not meet the required characteristics, the employer may be held liable, particularly in the event of an incapacity to work. A suitable person of trust can also be imposed upon the employer.