New law on harassment in the workplace in Luxembourg
The Ministry of Labor introduced a bill against workplace harassment, which was approved on March 29. The new law, which has been in development for a record 20 years, would impose liability for unprofessional behavior and require employers to take steps to protect employees.
A central function of the new law is to define harassment more precisely so that it can be addressed and prevented. Any conduct which by its repetition or pattern undermines a person's dignity or psychological or physical integrity is now defined by law as harassment.
Moral bullying, such as repeated insults, derogatory remarks, threats, pressure and abuse of power, as well as inappropriate or racist jokes, will be punishable to the full extent of the law. Fines can be as high as 250 to 2,500 euros; for more serious offenses there is also administrative liability.
Employers have been made responsible for creating a safe workplace. They will be obliged not only to stop harassment as soon as they learn about the fact of such persecution but also to protect the victim from the consequences of interrupted crime. In addition to the companies themselves, the system will involve a special state commission that receives complaints and conducts investigations into such crimes ─ the Inspectorate of Labor and Mines (ITM).
To request assistance from a superior authority, in the event the employer fails to act, you can make a call (+352) 247-76-103 or write email at harcelement@itm.etat.lu.
The law is intended to help solve an important problem in maintaining the mental health and safety of employees in the workplace. Luxembourg is the last EU country to introduce a law against harassment in the workplace, even though the Grand Duchy is second only to France when it comes to issues with employee behavior.
Luxembourg ranks second in the European Union in the number of cases of moral harassment and harassment in the workplace. In 2022, only 667 people reported harassment.
The new law is expected to help people feel safer. However, critics of the innovation fear the creation of a "gray area" in which both companies and employees themselves will suffer from misuse of the harassment law as well as serious penalties for wrongdoing.
