Employment & Labor Law
Moral Harassment at Work
Moral harassment is based on repeated or systematic behaviors. Understand the facts to document and the employer's role.
KM Legal est une étude d’avocat au Luxembourg fondée par Maître Katarzyna Martin, Avocate à la Cour. Elle accompagne entreprises, dirigeants, salariés et particuliers en droit du travail, droit des sociétés, immigration, mobilité internationale et sécurité sociale, ainsi qu’en conseil et contentieux.
Employment & Labor Law
The internal investigation aims to examine a harassment report by gathering useful facts and explanations. The ITM emphasizes the need to investigate quickly and impartially. It is a serious examination to be conducted without assuming a person's guilt at the mere stage of the report.
Define the persons in charge of the investigation, the documents to be preserved, and the hearing modalities. Separate immediate protection measures from the final assessment of the facts. A documented investigation must allow understanding how the information was gathered and why the actions were taken.
Interviews must seek verifiable facts: reported statements, dates, context, and documents. Preserving the necessary confidentiality does not exempt from hearing useful explanations. The conclusions must present the retained elements and the limits of the examination, without turning a hypothesis into a finding.
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