Moral harassment: the failings of the State

Moral harassment: the failings of the State
Moral harassment: the failings of the State

The OGBL criticizes the absence of a legal framework and an independent point of contact to protect civil servants and state employees against harassment at work. The situation would be “dramatic”.

The recent tensions at Mamer high school would only confirm the “precarious situation” in which those concerned, the administration and the supervisory ministry find themselves in the event of accusations of moral harassment.

The Education and Science union (SEW/OGBL) and the Public Service union OGBL/Landesverband took action yesterday to denounce the absence of a clear legal framework to protect civil servants and state employees in such cases. of figure.

«Many of them feel helpless and left to their fate. Those affected are afraid to come forward and ask for help. They fear, in fact, being targeted even more by their superiors and prefer not to take any action», laments Joëlle Damé, the president of SEW/OGBL.

Until 2014, the civil service had a special commission on harassment. However, it turned out to be contrary to the principle of equal treatment, anchored in the Constitution. In fact, municipal employees could not contact this commission.

Instead of extending the powers of this commission, the government waited until 2017 to table a bill aimed at establishing a center for safety, health and quality of life at work in the public service.

A step forward, because the text provided for the recruitment of investigating agents. “But, against all expectations, the bill was withdrawn in July this year. We have therefore been in a legal vacuum for ten years now,” criticizes Joëlle Damé. Another major concern would be the absence of a clear definition of harassment included in the civil service code.

This situation is described as “dramatic”, especially since cases of moral harassment are frequent in the public service. The Chamber of Employees (CSL) estimates that 18% of those concerned work in the public sector.

“We regularly deal with members who feel pressured or harassed. They suffer from torment, anxiety, stomach aches, sleep disorders or even heart palpitations. They report to us that they have been despised, reprimanded, threatened, blamed and criticized,” lists the president of SEW/OGBL.

Government and Chamber called to act

Government and Chamber of Deputies are called upon to act without too much delay. Because, according to the union camp, cases of harassment are also likely to increase in local administrations.

“The missions incumbent upon municipalities continue to grow. The pressure is increasing on employees, but also on mayors and aldermen. It is especially the smallest municipalities which risk lacking the necessary means to manage things adequately,” warns Alain Rolling, the central secretary of the Service public/Landesverband union.

“If the State, as boss, does not take harassment at work seriously and does not establish an adequate legal framework, it will find itself in denial,” adds Joëlle Damé. The union demand is clear: set up an independent point of contact with the intervention of investigators who are responsible for carrying out an investigation into the alleged harassers.

In the meantime, the two entities of the OGBL have decided to increase the pressure by launching a broad awareness campaign, under the slogan “Let’s break the silence!”.

Publications on social networks, posters, the distribution of information materials as well as training are planned in order to raise awareness among those concerned and those who witness situations of harassment.

At the same time, a survey on the well-being of teachers and bullying in schools will be launched by SEW/OGBL.

“You are not alone”, assures the public service

“The civil service as an employer ensures that its agents are protected against all types of moral and sexual harassment in working relationships,” we can read in a brochure published by the Psychosocial Service of the civil service.

More concretely, each state and municipal public service agent has the “right to request protection against any act of harassment”. A protection procedure can be launched by contacting the psychosocial service confidentially.

The OGBL deplores that this service is limited to the psychological support of victims without having the competence to conduct an investigation or judge the case of harassment reported.

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