Harassment and discrimination in companies

Résumé du document

In the past, harassment and discrimination in companies were considered as taboo and presently, these two subjects are the main issues in organizations. The have occupied such a dominant role that it is the main source of survival in organizations. If we consider France, how would one be able to battle out these problems in Companies? After realizing the gravity of the situation, new rules and laws have been implemented and voted in order to protect the victims and to prevent them from any risks. However, whether these new laws and norms are actually instituted is also a question? This gives rise to other protective measures and preventive tools and techniques that can be adopted by companies to defend the victims.

Extraits

[...] The problem can come from an employer, a supervisor, or another co-worker. In harassment occurs between two co-workers, in between a supervisor and an employee and in the harassment is made by the employee to the supervisor Harassment proofs: The employee has to prove that he is a victim of harassment by given all proofs he can like: co-workers' testimonies, writings, and medical document showing his health deterioration. For example, the employee has to prove that his harcelor systematically prevents his career achievement. [...]

[...] The law tries to improve the definition of its terms in order to clearly define the harassment and discrimination limits to better identify the companies issues. However law has his limits and some imprecision in its definitions can lead to a wrong interpretation. The ideal solution will be to prevent the risk instead of punishing after that why companies started to focus on the harassment problems. Sources www.legifrance.fr www.novethic.fr (Moral harassment enter the labour code by véronique Smée / The work organization responsible of the moral harassment development by V.Smée / www.village-justice.com (Moral harassment, by Aidodroit association / Presentation on the harassement by Julie Deluëgue / 50 fiches pour aborder la gestion stratégique des ressources humaines (Edition Bréal) : Moral harassment http://ec.europa.eu/employment_social/fundamental_rights/pdf/aneval/sexorful l_fr.pdf http://www.eapm.org/pdf/France.pdf?PHPSESSID=4ac4de2b087d8bdfee1cdc8f58a688d 7 http://www.coe.int/t/e/human_rights/esc/4_collective_complaints/list_of_coll ective_complaints/RC24_on_merits.pdf Sources : www.novethic.fr le harcèlement moral entre dans le code du travai by V.Smée 02/15/2002) L . [...]

[...] What are the other preventive actions take by companies to defend the victims? Realization of harassment and discrimination problem 2 Harassment and discrimination accurate definitions According to the loi de modernisation sociale 2002-73 of January 17th 2002: Moral harassment: repetitive actions that have for goals or effects the degradation of the work conditions, voluntary caused by a co-worker, a boss, an employer, or another employee. The situation could infringe the victim rights and dignity, endanger his physical or mental health or undermine his professional career. [...]

[...] It is very important to collect a lot of clues to convince the judge (lack of woman in the board of director, by changing your name on the CV and having a job interview The victim sold also notify all the contradictions, job announce is still available but the employer pretend they find someone). The discrimination proof can also be witnesses, reports of usher, material elements (register of the personnel, phone recordings ) The procedure in front of the correctional court The complaint must be declared in the third years following facts and is judged in the correctional court where the discrimination offence was made. We can act by going to the police station and lodge a complaint. [...]

[...] The law creates a mediation process within the company. That allows, according to the victim request, to solve the problem thanks to a mediator (on prefectoral list) chosen outside the company. The victim can also ask for the intervention of a doctor or a work inspector The collective representatives Finally, the unions in companies can take legal actions for the employee, if the worker provided a written agreement. It is important if the employee is scared of being fired Sexual harassment 1 Definition, law of social modernization January 17th 2002 and article L 122-46 of the labour code: no employee, no candidate for recruitment, or a training period can be sanctioned, dismissed or be the object of a discriminatory measure, should it be directly or indirectly, for having been the victim of, or refused, acts of sexual harassing, whose task is to obtain favours of a sexual nature to his profit or to that of another person. [...]