Internal Investigation for Workplace Harassment (Harcèlement Moral): A Complete Guide for Employers in France

Workplace harassment (harcèlement moral, or psychological/moral harassment) is a major challenge for employers. When faced with a complaint or a report, conducting a rigorous internal investigation becomes imperative to protect the company and its workforce. This process, governed by the French Labour Code, requires method and professionalism to ensure fairness and legal compliance.

Definition and Legal Framework of Moral Harassment

Moral harassment is defined by Article L.1152-1 of the French Labour Code as “repeated acts which have the purpose or effect of a deterioration in working conditions liable to infringe the employee’s rights and dignity, to impair their physical or mental health, or to jeopardise their professional future.”

This definition encompasses several essential constituent elements: the repetition of the acts, the intent to harm or a harmful effect, and the impact on the victim. Employers must understand these nuances in order to correctly assess reported situations.

Key point: Article L.1152-4 of the French Labour Code imposes on the employer an obligation to prevent and protect against moral harassment. In the event of a breach, the employer’s liability may be engaged.

The Employer’s Obligations Regarding Investigations

The employer has a legal duty of diligence as soon as it becomes aware of facts that may constitute moral harassment. This obligation stems from Article L.1152-4 of the French Labour Code and from the employer’s duty to ensure results in matters of safety (obligation de sécurité de résultat).

Responsiveness and Neutrality

The investigation must be conducted as promptly as possible following the report. Any unjustified delay may be interpreted as negligence on the part of the employer. Absolute neutrality is a prerequisite: the investigator must have no connection with the parties involved.

Preserving Confidentiality

The confidentiality of the investigation protects all parties involved. It prevents the spread of rumours and preserves the presumption of innocence of the alleged harasser, while protecting the alleged victim from potential retaliation.

Methodology of the Internal Investigation

Forming the Investigation Team

The investigation team must be composed of competent and impartial individuals. Depending on the size of the company, it may include a human resources representative, a line manager who is not involved, or the appointment of a specialised external investigator.

Practical tip: Designating a single point of contact to coordinate the investigation ensures consistency in the process and prevents the dispersal of sensitive information.

Planning and Documentation

Each stage of the investigation must be meticulously documented. This traceability makes it possible to justify the steps taken in the event of subsequent litigation and demonstrates the seriousness of the approach adopted by the employer.

Conducting Interviews and Gathering Evidence

Interview with the Complainant

The interview with the person reporting the harassment is the starting point of the investigation. It is important to obtain a detailed account: dates, locations, witnesses present, the exact nature of the alleged facts, and the impact on the individual.

The investigator must adopt a supportive attitude while remaining objective. It is essential not to make any premature judgment and to explore all aspects of the situation described.

Hearing the Accused Party

Respect for the adversarial principle (principe du contradictoire) requires hearing the version of the accused person. This interview must be conducted with the same guarantees of neutrality and respect. The person must be able to explain their position on the alleged facts and provide their own response.

Caution: In accordance with Article L.1152-2 of the French Labour Code, no sanction may be imposed on an employee for having reported or testified to acts of moral harassment.

Analysing Testimony and Evidence

Collecting testimony from colleagues is often a decisive element. These witnesses can confirm or refute the allegations and provide additional insight into the working atmosphere and interpersonal relationships.

Written Documentation and Material Evidence

The investigation must also address material evidence: emails, messages, internal memos, performance appraisals, and repeated sick leave. These objective elements may corroborate or contradict the testimony gathered.

Analysing the professional history of those involved, their career progression, and any prior incidents may also shed light on the situation from a different angle.

Drafting the Investigation Report

The investigation report must present, in a structured and objective manner, all the elements gathered. It generally includes a summary of the alleged facts, a record of the interviews conducted, an analysis of the evidence collected, and the reasoned conclusions of the investigation.

Recommendations and Proposed Measures

Depending on the conclusions, the report may recommend various measures: dismissal of the matter (no further action) if the facts are not established, disciplinary measures if the harassment is proven, or corrective actions to improve the working environment.

Important reminder: Under Article L.1152-3 of the French Labour Code, moral harassment is subject to disciplinary sanction and may justify dismissal for gross misconduct (faute grave).

Post-Investigation Follow-Up and Prevention

Closing the investigation does not mark the end of the process. Careful follow-up of the situation is required to verify the effectiveness of the measures taken and to prevent any recurrence or retaliation.

Implementing Preventive Measures

The investigation may reveal organisational dysfunctions that foster harassment situations. The employer must then implement corrective actions: training for managers, improving internal communication, and strengthening reporting procedures.

Raising awareness among all staff regarding moral harassment also helps to create a more respectful working environment and to prevent new problematic situations.

Legal Risks and Employer Liability

In the event of a poorly conducted investigation or a failure to investigate, the employer faces serious consequences: a finding of breach of its safety obligation, substantial damages, and harm to the company’s reputation.

Case law is particularly vigilant regarding the employer’s diligence when faced with reports of moral harassment. A hasty or biased investigation may lead to a conviction even where the alleged harassment is not established.

Legal expertise: Given the complexity of internal investigations into moral harassment, support from employment law professionals often proves indispensable to secure the process and protect the company.

Conducting an internal investigation into moral harassment requires legal expertise, a rigorous method, and scrupulous respect for the rights of all parties. DAIRIA Avocats supports you in this sensitive process, from setting up the investigation procedure through to monitoring corrective measures. Contact our employment law experts to secure your approach and effectively protect your company and your employees.

Essential Clauses of the Employment Contract

The employment contract, whether an indefinite-term contract (CDI) or a fixed-term contract (CDD), forms the foundation of the working relationship. While a full-time CDI may be concluded without a written document (unless a collective agreement provides otherwise), drafting a written contract is strongly recommended to secure the relationship.

The following clauses deserve particular attention:

• Job title and classification: these determine the applicable minimum contractual salary under the collective agreement and the employee’s rights. They must correspond to the duties actually performed (Article L.1221-1 of the French Labour Code).
• Remuneration: specify the base salary, any contractual bonuses, and benefits in kind. Any change to remuneration constitutes a modification of the contract requiring the employee’s consent.
• Probationary period (période d’essai): its duration is governed by Article L.1221-19 (for CDIs) and may not exceed 2 months for blue-collar and white-collar workers, 3 months for supervisors and technicians, and 4 months for managers (cadres). A single renewal is possible if provided for by the collective agreement and stated in the contract.
• Mobility clause (clause de mobilité): it must precisely define the geographical area concerned. The Court of Cassation requires this area to be determined and not to grant the employer discretionary power (Cass. soc., 14 February 2024, no. 22-18.456).
• Non-compete clause (clause de non-concurrence): to be valid, it must cumulatively be limited in time, in space, to a specific activity, and include financial compensation (Cass. soc., 10 July 2002, no. 00-45.135).

For support in drafting your contracts, consult our experts in employment law.

The Fixed-Term Contract (CDD): Grounds for Use and Reclassification Risks

The use of the fixed-term contract is strictly governed by Articles L.1242-1 et seq. of the French Labour Code. A CDD may only be concluded for the performance of a specific and temporary task, and may neither have the purpose nor the effect of durably filling a position linked to the normal and permanent activity of the company.

The authorised grounds for use are exhaustively listed:

• Replacement of an absent employee or one whose contract is suspended
• Temporary increase in activity
• Seasonal employment or customary use (emploi d’usage)
• Replacement pending the arrival of an employee on a CDI
• Replacement of a company head or business operator

The maximum duration, including renewals, is in principle 18 months (subject to collective agreement exceptions). The waiting period (délai de carence) between two CDDs for the same position equals one-third of the duration of the initial contract (or half if the CDD is shorter than 14 days).

Failure to comply with these conditions exposes the employer to reclassification as a CDI (Article L.1245-1) and to the payment of an indemnity that may not be less than one month’s salary (Article L.1245-2). See our dismissal guide for the consequences of early termination.

Checklist: Securing the Drafting of an Employment Contract

• ✅ Identify the appropriate type of contract (CDI, CDD, apprenticeship contract, professionalisation contract)
• ✅ State the identity of the parties, the hiring date, the place of work, and the job classification
• ✅ Specify the applicable collective agreement and the corresponding classification
• ✅ Detail the remuneration (base salary, bonuses, benefits in kind)
• ✅ Draft the probationary period clause precisely (duration, renewal conditions)
• ✅ Verify the validity of restrictive clauses (non-compete, mobility, exclusivity)
• ✅ For a CDD: state the precise ground for use, the duration or the term, and the name of the replaced employee where applicable
• ✅ Provide for the handover of mandatory documents: DPAE (pre-hire declaration) completed, information notice on provident/health insurance schemes
• ✅ Have the contract signed before the employee starts work (essential for a CDD, recommended for a CDI)

Frequently Asked Questions

What are the limitation periods in French employment law?

The main limitation periods are: 1 year to challenge a dismissal, 2 years for actions relating to the performance of the employment contract, 3 years for claims for payment of salary, and 5 years for moral harassment or discrimination (Article L.1471-1 of the French Labour Code).

How does a hearing before the labour court (Conseil de prud’hommes) proceed?

Proceedings before the labour court begin with a conciliation phase before the conciliation and orientation panel (BCO). In the absence of an agreement, the case is referred to the judgment panel. The procedure is oral, and the parties may be assisted or represented by a lawyer, a union defender (défenseur syndical), or a spouse.

Can the employer unilaterally change working conditions?

The employer may change working conditions (non-essential elements) under its management power (pouvoir de direction). However, any change to an essential element of the contract (remuneration, job classification, working time, place of work beyond the geographical area) constitutes a modification of the contract requiring the employee’s consent (Cass. soc., 10 October 2000, no. 98-41.358).

What documents must the employer provide at the end of the contract?

The employer must provide the employee with: the work certificate (certificat de travail, Article L.1234-19), the France Travail attestation (Article R.1234-9), the full and final settlement receipt (reçu pour solde de tout compte, Article L.1234-20), and a summary of all employee savings amounts. Failure to provide these causes harm giving rise to damages.

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