How to File a Complaint for Psychological Harassment? A Complete 2024 Guide

Are you experiencing repeated behaviours that degrade your working conditions, undermine your dignity, or harm your health? Psychological harassment is a criminal offence under the law. Whether you are an employee, a public servant, or a witness, this guide explains how to take action, what evidence to gather, and what steps to take to assert your rights in France.

## What is Psychological Harassment?

Psychological harassment is characterised by **repeated behaviours** that have the **object or effect of degrading your working conditions**.

### Concrete Examples of Psychological Harassment

- **Repeated emails** sent outside working hours or during your leave [S1].
- **Systematic denigration**: questioning your skills for tasks within your job role [S1].
- **Isolation or exclusion**: being left out of meetings, lack of direct communication [S1].
- **Intentional workload overload**: assignment of tasks beyond your role or capabilities with the aim of destabilising you [S1].
- **Abusive management methods**: case law recognises that repeated behaviours (continuous pressure, incessant criticism, contradictory orders) may constitute psychological harassment, even in the absence of malicious intent, if they degrade working conditions [S5].

### Psychological Harassment vs Professional Conflict

For legal qualification to apply, the behaviours must be:
- **Repeated**: a single, isolated act, even if serious, does not constitute harassment [S3].
- **Degrading**: they must have the object or effect of degrading working conditions in a way that may infringe upon your rights or health [S3][S5].

## What Should You Do If You Are a Victim of Psychological Harassment?

### Step 1: Gather Evidence

Before taking any action, **document the facts** precisely and objectively. Here’s how to build a strong case:
- **Preserve written records**: emails, text messages, professional messages (Slack, Teams), memos, meeting minutes.
- **Note dates and details**: keep a log of incidents (time, place, witnesses, statements made, impact on your health).
- **Collect testimonies**: colleagues, line managers, or clients who witnessed the behaviour.
- **Consult a doctor**: a medical certificate confirming depression, anxiety, or stress-related disorders will strengthen your case.

> ⚠️ **Warning**: Available sources do not specify the rules regarding audio or video recordings. In the absence of information, it is recommended to prioritise written evidence or testimonies.

### Step 2: Report the Situation Internally

Before filing a complaint, it is advisable to **attempt an internal resolution**. Here are the contacts to approach:

#### In the Private Sector
- **Your employer or the human resources department**: The employer has a duty of prevention and must take necessary measures to stop the behaviour [S11].
- **Staff representatives**: trade union delegates, social and economic committee (CSE), or a harassment officer if your company has one [S1].
- **Occupational health physician**: they can alert the employer and propose adjustments.

#### In the Public Sector
- **Your line manager or the human resources department**.
- **The ministerial listening unit**: as provided for in the [arrêté of 12 October 2022](S4) for the Ministry of Economy, each administration has a reporting procedure.
- **The prevention assistant**: mentioned in [Article 4 of the same arrêté](S8), they can receive your report.

### Step 3: Initiate External Proceedings

If the internal report yields no results or if the behaviour persists, you can pursue **external remedies**.

#### File a Criminal Complaint

Psychological harassment is a **criminal offence**. In the advertising sector, the [prevention guide](S10) states that it is punishable by **2 years’ imprisonment and a €30,000 fine** (up to 3 years and €45,000 in cases of aggravating circumstances, such as a vulnerable victim).

**How to file a complaint?**
1. **Submit a complaint**:
   - At a **police station or gendarmerie**.
   - By **letter** addressed to the public prosecutor at the tribunal judiciaire of your place of residence or where the acts occurred.
   - Available sources do not specify the modalities for online pre-complaints.

2. **Attach evidence**: submit a copy of your file (written evidence, testimonies, medical certificates).

3. **The prosecutor decides**:
   - Sources do not detail possible outcomes (dismissal, investigation, direct summons).

#### Refer the Matter to the Employment Tribunal (Private Sector)

If you are an employee, you can bring an **action before the employment tribunal** to:
- **Have the psychological harassment recognised** and obtain damages.
- **Challenge a dismissal** related to the harassment (the termination may be deemed null if the harassment is established) [S12].

**Time limit**: Sources do not specify the deadline for referring the matter to the employment tribunal.

#### Refer the Matter to the Defender of Rights

The [Defender of Rights](https://www.defenseurdesdroits.fr/) can:
- Assist you in your procedures.
- Conduct mediation between you and your employer.
- Sources do not specify whether they can refer the matter to the public prosecutor.

## What Are the Sanctions for the Perpetrator of Harassment?

### Disciplinary Sanctions

Any employee who engages in psychological harassment may face **disciplinary sanctions**, up to and including dismissal [S6]. In advertising companies, the [prevention guide](S9) recommends:
- **Suspension pending investigation**.
- **Demotion, transfer, or dismissal** if the facts are proven.

### Criminal Sanctions

As mentioned earlier, the perpetrator of harassment risks:
- **2 years’ imprisonment and a €30,000 fine** (up to 3 years and €45,000 in cases of aggravating circumstances) [S10].

### Civil Sanctions

The victim may obtain **damages** for moral, professional, or physical harm. Sources do not specify how the amount is assessed.

## How to Protect Yourself During the Procedure?

### Request Adjustments to Your Working Conditions

- **Change of position or department**: if your health requires it, your occupational health physician may propose redeployment.
- **Teleworking or adjusted hours**: to limit contact with the perpetrator of the harassment.
- **Sick leave**: if your health deteriorates, consult your GP.

### Access Psychological Support

Psychological harassment can have **serious consequences for mental health**. You can consult:
- A **psychologist or psychiatrist**.
- **Victim support associations** (sources do not cite specific examples).

### Seek Legal Assistance

- **An employment law solicitor**: to assist you in the procedures.
- **Trade unions**: for advice and representation.
- **Law and justice centres**: for free support.

## Frequently Asked Questions

### How Can I Prove Psychological Harassment Without Written Evidence?

If you do not have emails or messages, you can:
- **Collect testimonies** from colleagues or clients.
- **Keep a detailed log** of incidents.
- **Consult a doctor** to confirm depression or anxiety linked to the harassment.
- **Request an internal investigation** from your employer.

### Can I File a Complaint Against My Employer for Psychological Harassment?

Yes, if your employer is the direct perpetrator of the harassment or if they have **failed in their duty of protection** [S11]. For example, if they ignored your reports or did not conduct an investigation.

### What Is the Time Limit for Filing a Complaint for Psychological Harassment?

Sources do not specify the exact deadlines for initiating criminal or employment tribunal actions.

### What Should I Do If My Employer Sanctions Me After My Report?

This may constitute **potential discrimination**. You can:
- **Refer the matter to the employment tribunal** to challenge the sanction.
- **Refer the matter to the Defender of Rights** for assistance.
Sources do not mention a specific legal reference for this situation.

### Can Psychological Harassment Justify Resignation?

Yes, if the behaviour makes your situation intolerable, you may request that the employment tribunal **reclassify your resignation as a dismissal without real and serious cause**. It is advisable to **consult a solicitor** before resigning.

## Conclusion

Psychological harassment is a serious offence that can have devastating consequences for your health and career. **Do not face this situation alone**: document the facts, report the situation internally, and pursue external remedies if necessary. The law protects you, and solutions exist to stop these behaviours and obtain redress.

If you are a victim or a witness, act now: your health and rights depend on it.