Workplace Harassment in Luxembourg: Your Rights

Article 246‑2 of the Code defines moral harassment as:

“Moral harassment in the context of employment relations, as defined in this chapter, consists of any conduct which, through repetition or systematization, undermines the dignity or the psychological or physical integrity of a person.”

Note: One of the main points to remember is that a single wrongful act does not constitute moral harassment—repetition is required (unless the act is discriminatory).

Sexual harassment is defined as any unwanted behavior of a sexual nature or based on sex, likely to affect a person’s dignity, when it is abusive, influences employment decisions, or creates an intimidating, hostile, or humiliating environment (Article L. 245‑2 of the Luxembourg Labour Code).

Discriminatory harassment refers to any unwanted behavior related to a legally recognized ground of discrimination (sex, age, origin, religion, disability, sexual orientation, family or marital status, personal beliefs, etc.) that undermines a person’s dignity or creates an intimidating, hostile, or humiliating environment.

The Luxembourg Labour Code requires the employer, in cases of harassment, to take all necessary measures to ensure that the harassment stops immediately. The legislation specifies that these measures must not be taken to the detriment of the harassment victim.

Therefore, the employer must implement all necessary preventive measures to protect the dignity of anyone subjected to harassment. These measures must be appropriate to the nature of the business activities and the size of the company.

It is also important to note that the Luxembourg Labour Code specifies that these measures must include information measures.

Additionally, the employer is required to conduct an internal evaluation of the effectiveness of the preventive measures implemented and to take further measures if the existing ones prove insufficient.

Employees are protected against any retaliation related to reporting or challenging harassment, including making any dismissal automatically null and void. Employees can contest such a dismissal within 15 days, bring the case before the labour tribunal, and claim compensation for any harm suffered.

To establish moral, sexual, or discriminatory harassment, the victim must gather precise evidence showing that the incidents suffered are not justified by the needs of the company but constitute unjustified attacks.

It is essential to document each event in detail and note the timing, keeping all relevant materials such as emails, witness statements, warning letters, or sanctions, in order to build a solid file to support your complaint or challenge.

If your employer has not taken measures to stop the harassment, you can contact the Labour and Mines Inspectorate (ITM). This body can propose measures to put an end to harassment and may impose an administrative fine in cases of moral harassment.

Additionally, as a victim, you can seek help and support from various contacts:

• Your direct supervisor or the human resources manager;
• The designated contact person within the company or administration responsible for handling harassment situations;
• Employee representatives (including staff delegates or equality representatives), who can advise, accompany, and assist employees;
• The occupational health doctor, authorized to assess the situation and recommend workplace adjustments;
• A union or lawyer, for legal advice and support in your actions;
• Finally, the Centre for Equal Treatment, especially in cases of sexual harassment.