Luxembourg's Chamber of Deputies (Parliament) recently adopted a new law (Bill 7864) that introduces a mechanism relating to protection against moral harassment (mobbing) in the workplace.

During his speech in Parliament, Luxembourg's Minister of Labour, Employment and the Social and Solidarity Economy, Georges Engel, stressed that mobbing is unacceptable and that a clear and precise legal framework in the interest of employers and employees is essential.

The bill defines above all the measures to be taken by employers in case of moral harassment within their company. In the event that the mobbing continues, despite the measures taken by the employer, the new law defines a procedure with the Labour and Mines Inspectorate (ITM). The administration then draws up a report after hearing the victim and the alleged perpetrator of the acts of harassment. The employer is then obliged to take the measures provided for in the report sent to him/her by the director of the ITM.

The new system also provides for the protection of the victim and witnesses against possible reprisals from the employer.

Moreover, the law defines the role of the staff delegation, which must ensure that cases of moral harassment within a company do not occur. If it receives reports of such behaviour, the staff delegation can accompany and advise the employee concerned.

With the implementation of the new legislative framework, the employee may at any time terminate his/her employment contract without notice with damages payable by the employer.

Minister Engel concluded: "This new law highlights the government's desire to focus even more on the essential subject of the health and safety of employees in their workplace."