Précision de la définition du harcèlement moral au travail

Very often, the judges use some other criteria related to the conditions which caused the appearance of bullying, to the kind of bullying the victim had to face and to the circumstances that enabled the situation to continue. Moreover, the judges try to determine if the negative acts described above have been repeated in time. The average number of the facts that influence the judges to determine if a situation is or is not a bullying situation is seven. The criterion related to the conjunction of different kinds of consequences (dignity undermining, non-respect of rights, alteration in health and endangering the professional future) is found in 90% of the cases. The duration of bullying does not seem to be a determining factor. The shortest length we found was six months and the average was three years. The judges nearly always refer to written documents (medical certificates, affidavits by colleagues or former employees, contracts of employment, internal documents, etc.) that must be detailed and in agreement.