MOLITOR Avocats à la Cour

Categories:Benelux,Employment

Sexual harassment in the workplace

According to Article L 245-2 of the Labour Code (Code du travail) sexual harassment in the workplace is defined as any behaviour with a sexual connotation or any other behaviour based on sex by which the perpetrator knows or should know that it affects the dignity of a person at work.

Behaviour will be considered as sexual harassment if one of the three following conditions is met: 

  • The behaviour is inappropriate, excessive and hurtful;
  • The fact that rejection or acceptance by the victim of this kind of behaviour affects their rights in matters of professional training, continuance of the employment contract, promotion, remuneration or any other decision relating to work;
  • The behaviour creates a climate of intimidation, hostility or humiliation to the victim…

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