First collective agreement signed on moral/psychological harassment

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In April 2001, Luxembourg's first collective agreement aimed at combating moral/psychological harassment (essentially bullying) was signed at the Bram retail company.

Since 1999, the Luxembourg Confederation of Christian Trade Unions (Lëtzebuerger Chrëschtleche Gewerkschafts-Bond, LCGB) has been offering aid and support to workers who are victims of "moral" or "psychological" harassment (harcèlement moral) - essentially bullying. This support involves personalised, confidential interviews, seminars and a detailed leaflet on bullying behaviour and the means of preventing it.

For LCGB, "moral harassment" incorporates sexual, physical, psychological, verbal and other forms of harassment which offend the morale of the victim by having unacceptable consequences for their future, irrespective of age, gender or social position. LCGB has registered almost 200 cases of such harassment in Luxembourg, for the most part occurring in the health professions, banking and government departments. Of those reporting such incidents, 76% of men and 30% of women state that they have been morally harassed by men, 40% of women and 3% of men that they have been harassed by women, and 21% of men and 30% of women that they have been harassed by members of both sexes. Most perpetrators (44%) are reported to be at the same hierarchical level in the employing organisation as their victims, and 37% are reported to be at a higher level.

Given the absence of any legislation on this issue, LCGB has introduced the abovementioned measures to fight moral harassment. It takes the view that the first thing to do is to give victims the opportunity to talk about what happened: this can sometimes be enough to resolve the problem. A follow-up procedure should be triggered in the absence of such an opportunity.

In early April 2001, LCGB together with the Luxembourg Confederation of Independent Trade Unions (Onofhängege Gewerkschafts-Bond Lëtzebuerg, OGB-L), succeeded in introducing for the first time provisions dealing with the moral harassment issue into a collective agreement - that covering the Bram retail company, which has 180 employees (two-thirds women and one-third men) in Luxembourg.

No problems associated with moral harassment have been reported at Bram. However, according to the company, the fact that the issue has been addressed shows that it is open to any form of discussion, given that consultation and dialogue must take precedence over the law, and the measures adopted constitute a further assurance for employees and management. The new collective agreement sets up a committee made up of representatives of the employee committee/works council (délégation du personnel), trade unions and management. The committee meets behind closed doors and, if appropriate, hears both parties and witnesses. According to how serious the matter is, the employer may take disciplinary action, including dismissal.

According to the "Ministry of Labour", this initiative is an excellent way of combating moral harassment. The social partners should be able to resolve problems when they realise that they are directly involved and are aware of their responsibilities. The Ministry does not intend to introduce legislation in this field, but will be organising a major colloquium on the question in the autumn of 2001.