At what point can actions be considered moral harassment? What is meant by moral harassment and how to set up a contentious action before the Administrative Court to obtain a conviction of your administration? In this podcast, Maître Benjamin INGELAERE explains everything you need to know about the concept of harassment. How to build your case? How to bring a compensation action against your employer before the administrative court? He answers all these questions in this 5th podcast. More information? Discover our expertise: https://ing-avocat.legal/ What is moral harassment? The term moral harassment has only been known in France since the early 2000s. The law recognized this phenomenon in 2002. Since then, case law has continued to expand, with high-profile cases such as that of France Télécom or La Poste, to arrive at the current definition of psychological harassment at work. How is moral harassment defined? The law states that an employer, whether public or private, cannot impose working conditions on an employee that are likely to harm their physical or mental health. Moral harassment is defined in the law as repeated actions that lead to a deterioration in working relationships, in particular: by violating the rights or dignity of a person; by violating the rights or dignity of a person; by damaging their physical or mental health; by compromising their professional future (unwanted transfer, demotion, etc.). We are indeed talking about repeated acts; an isolated event, even if it falls into the categories mentioned above, cannot constitute moral harassment. On the other hand, the notion of repetition does not imply that the same act must be repeated. Completely different acts can also constitute harassment. The definition of harassment also does not imply that all the acts must be concentrated in a short period; they can quite easily extend over several months or years. Moral harassment can be recognized in the absence of any relationship of subordination. It can be the work of a colleague without hierarchical superiority, or even of a member of a department other than that of the victim. Finally, an attitude can be considered as moral harassment even in the case where the perpetrator had no real intention of causing harm. WHAT ARE THE CONSEQUENCES OF MORAL HARASSMENT? Moral harassment can have serious consequences, both physically and psychologically. We thus see cases of depression, burnout, and even post-traumatic stress syndrome and suicides or attempted suicides. In addition, these situations also often have serious repercussions on the career of a private sector employee or a civil service agent. We encounter many cases of demotions, transfers, salary stagnation, assignment of tasks unrelated to the person's skills... These career accidents are often very difficult to compensate for later. This is all the more the case since the damage in terms of career can also be linked to the degraded psychological state of the victim of harassment: loss of motivation, loss of self-confidence, repeated absences, etc. Moral harassment in the civil service Many people wrongly think that moral harassment is a phenomenon that only exists in the private sector. In fact, cases of harassment are increasingly numerous in the civil service. Indeed, some individuals tend to be harassers, regardless of the work environment in which they are placed. In addition, the civil service increasingly imports management techniques from the private sector, creating competition and pressure between agents. The lack of resources and personnel in certain sectors of the civil service reinforces this harmful climate, and encourages the emergence of cases of harassment. Are you looking for a civil service lawyer in Paris? Are you looking for a civil service lawyer in Lyon? Are you looking for a civil service lawyer in Marseille? Are you looking for a civil service lawyer in Lille? Are you looking for a civil service lawyer in Arras?