France is known to have some of the strongest legal protections against workplace bullying in Europe, and perhaps even the world. Prevention is a core component of the legislation, but once a formal complaint is made it must be taken extremely seriously.
An employee may initially choose to report bullying to their manager, HR, or the Comité Social et Économique (CSE) if one exists in their workplace. The employer is then obliged to determine the full facts of the case, with a view to stopping the bullying and sanctioning the perpetrator.
To achieve this, the employer must conduct an internal investigation. Ideally, the investigation details will be planned in advance, and in collaboration with staff representatives (such as the CSE).
The investigation must enable all parties, including the victim, alleged perpetrator/s, witnesses and other colleagues, to express themselves with complete confidentiality. They must also be listened to impartially throughout, without fear of reprisal.
The employer should acknowledge the employee’s complaint in writing. The letter should include the following detail:
- the verbatim accusation made by the employee,
- that there will now be an anonymous investigation, conducted with staff representatives,
- that the employee should provide as much detail and evidence as possible, to help facilitate the investigation and process the final report,
- clear assurance from the employer that they want to resolve the problem and prevent it from happening again, and
- an idea of how long the investigation is expected to take.
After the letter is sent, the employer will meet with staff representatives to plan the investigation.
Planning considerations include the investigation’s overriding objective, who will be interviewed, and what questions should be asked. The plan should also determine who will conduct the interviews (for example, it could be decided that a management representative and a staff representative will conduct them together).
At this point, it should be re-established that the investigation must be anonymous, and that a conclusive report will be drawn up. The report will be shared with members of the CSE and the employee who reported the bullying.
Once the investigation is under way, a written record must be kept of all actions taken. If appropriate, the occupational physician (médecin du travail) should be included and kept updated as the investigation progresses.
The investigation must lead to the drawing of clear conclusions, detailed in the report. It must also establish if there are substantiated grounds for further action.
The employer should write to the employee who made the complaint, enclosing a copy of the report. The report should be signed by the CSE, to add further credibility to its findings. The perpetrator must be sanctioned where the facts deem this to be necessary; if they are not, the employee may take further action and be eligible for compensation.
Beyond qualification of the facts arising from the employee’s complaint, the bullying investigation may have revealed wider organisational issues that require attention (even if these were not its primary objective). These issues will need to be analysed further at a later date, with a view to prevention.
The employer will also need to update certain company documentation, such as the DUERP (the single occupational risk assessment document) and relevant company procedures.
Depending on the case, general communication aimed at all employees may also be necessary. Note that the employer already has an obligation to implement training, prevention and awareness-raising measures that deal with workplace bullying. Additionally, CSE members must regularly receive specific, employer-funded training on health, safety, and working conditions in the company.
If you would like to discuss bullying and harassment (and its prevention) in your French company, please don’t hesitate to get in touch.
We offer fully bespoke HR services for international companies that have a presence in France, with a free initial consultation to discuss your needs.