1. Who is covered by workplace harassment rules in France?
In France, workplace harassment rules cover private-sector employers, their employees, and staff of public bodies employed under private law contracts. These harassment provisions in France apply across organisations regardless of activity sector, once the legal employee thresholds are met under social security rules. Recruiters in France must therefore assume these protections apply to most standard employment and recruitment situations fully.
2. What counts as psychological harassment at work in France?
In France, psychological harassment at work covers repeated words, actions or behaviours that worsen an employee’s working conditions and in France can damage their rights, dignity, physical health, mental health, or professional future. For recruiters in France, persistent pressure, humiliation, isolation, or destabilising comments that go beyond normal management conduct are risk indicators of psychological harassment under French employment rules.
3. How are employees in France protected when they report psychological harassment?
In France, employees who experience, refuse to tolerate, report, or testify about psychological harassment are protected in France from retaliation measures like demotion, dismissal, or other adverse decisions linked to speaking up. Recruiters and employers must ensure no negative action is taken because someone raised harassment concerns in good faith, or they risk legal consequences for retaliatory treatment in France.
4. What happens in France if an employee is dismissed in breach of psychological harassment protections?
In France, if an employment contract is terminated in breach of psychological harassment protections in France, that termination and any related contrary measures are null and void. For recruiters and HR in France, this means dismissals connected to psychological harassment situations can be cancelled by courts, with employees potentially reinstated and treated as though their employment relationship never validly ended.
5. What are employers’ obligations to prevent psychological harassment in France?
In France, employers must take all necessary measures to prevent psychological harassment, which in France includes assessing risks, implementing policies, training managers, and acting quickly on alerts. Employers in France must also inform concerned staff about relevant Penal Code provisions on harassment, so employees understand that such conduct is criminally sanctioned and know their rights to protection and complaint mechanisms.
6. What disciplinary consequences apply for psychological harassment in France?
In France, any employee who commits psychological harassment at work is exposed in France to disciplinary sanctions under internal rules, which may range from warnings to dismissal for misconduct. Recruiters and HR in France should clearly state in contracts, policies and onboarding that psychological harassment is prohibited and considered a serious breach justifying strong disciplinary responses where facts are established.
7. How does workplace mediation for psychological harassment work in France?
In France, a mediation procedure can be requested in the company by someone who believes they are a victim of psychological harassment in France or by the accused person. The parties choose a mediator, who analyses their relationship, proposes written solutions to stop the harassment, and, if conciliation fails, explains possible sanctions and available procedural safeguards for the alleged victim.
8. What qualifies as sexual harassment in the workplace in France?
In France, sexual harassment at work includes repeated sexual or sexist remarks or behaviours that in France harm an employee’s dignity or create an intimidating, hostile, or offensive environment. It also arises where several people act concertedly or successively, or where serious pressure is exerted, even once, to obtain a sexual act for the perpetrator or a third party illegally.
9. How are employees protected in France when they refuse or report sexual harassment?
In France, employees who experience, refuse, report, or testify about sexual harassment are protected from retaliatory measures such as dismissal, sanctions, or other adverse treatment in France. Employers and recruiters in France must not disadvantage candidates, interns, or staff because they raised sexual harassment concerns in good faith, or they risk claims for breaching protection against retaliation linked to harassment.
10. What is the legal effect in France of measures that contradict sexual harassment protections?
In France, any contractual clause, internal rule, or management decision that contradicts the protections against sexual harassment in France is legally void. For recruiters and HR in France, this means you cannot rely on waivers, confidentiality clauses, or disciplinary decisions that undermine an employee’s rights regarding sexual harassment; courts may set such measures aside as having no legal effect whatsoever.
11. What must employers in France do to prevent sexual harassment and support employees?
In France, employers must take measures to prevent, stop, and punish sexual harassment, and they must display information about criminal rules, legal remedies, and competent authorities at workplaces and hiring premises in France. Companies with at least 250 employees in France must appoint a contact person to guide, inform, and support staff on sexual harassment and sexist behaviour issues properly.
12. What disciplinary measures can follow sexual harassment in France?
In France, any employee who commits sexual harassment at work is subject in France to disciplinary measures under company rules, such as warnings, transfers, or dismissal for misconduct or gross misconduct. Recruiters and HR teams in France should treat proven sexual harassment as a serious breach justifying strong sanctions, consistent with internal procedures and the gravity of the established facts.
13. How are harassment disputes assessed by courts in France?
In France, when a harassment dispute arises, the candidate or employee must present factual elements suggesting harassment in France, such as emails, testimonies, or patterns of conduct. The employer then has to prove its decisions were unrelated to harassment. Judges in France can order any useful investigation before deciding whether harassment is established and whether employment decisions were lawful overall.
14. What role can trade unions play in harassment cases in France?
In France, representative trade union organisations in the company can bring legal actions related to harassment in France based on the relevant labour rules. They may act in favour of an employee, provided they obtain written consent. The concerned employee in France can always join the proceedings directly or decide to end the union-initiated action at any stage voluntarily personally.
15. What are the criminal penalties in France for interfering with a harassment mediator?
In France, obstructing or attempting to obstruct the proper work of a mediator handling psychological harassment in France is a criminal offence. It can lead to up to one year of imprisonment and a fine of 3,750 euros. Recruiters and managers in France must respect the mediator’s independence and avoid any pressure that could be seen as interference with mediation.
16. What are the criminal penalties in France for discrimination linked to moral or sexual harassment?
In France, discriminatory acts taken because someone was involved in moral or sexual harassment situations in France, such as retaliation after reporting or experiencing harassment, are criminally punishable. Offenders risk up to one year of imprisonment and a 3,750 euro fine, and courts in France may additionally order the judgment to be posted or published at the convicted employer’s expense.
