French Labour Law

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

DAIRIA Law · 2026-09-08 · 10 min

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

Moral harassment at work (harcèlement moral, i.e. psychological or bullying-type harassment) represents 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 employees. This process, governed by the French Labour Code, requires method and professionalism to guarantee fairness and legal compliance.

Moral harassment is defined by Article L1152-1 of the French Labour Code as “repeated acts which have the purpose or effect of a deterioration of 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 the harmful effect, and the impact on the victim. Employers must understand these nuances in order to correctly assess reported situations.

Key point: Article L1152-4 of the French Labour Code imposes on the employer an obligation of prevention and protection 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 they become aware of facts potentially constituting moral harassment. This obligation derives from Article L1152-4 of the French Labour Code and from the employer’s obligation 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 concerned.

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 also protecting the alleged victim from potential reprisals.

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 may call upon a specialised external investigator.

Practical tip: Appointing a single point of contact to coordinate the investigation ensures consistency of approach and avoids the dispersal of sensitive information.

Planning and Documentation

Each stage of the investigation must be documented meticulously. 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 advisable to obtain a detailed account: dates, places, witnesses present, the exact nature of the alleged acts, and the impact on the person.

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

Hearing the Person Accused

Respect for the adversarial principle (principe du contradictoire) requires that the accused person’s version be heard. This interview must be conducted with the same guarantees of neutrality and respect. The person must be able to give their explanation of the alleged facts and provide their own evidence in response.

Caution: In accordance with Article L1152-2 of the French Labour Code, no sanction may be taken against an employee for having reported or testified about acts of moral harassment.

Analysing Testimony and Evidence

Gathering testimony from colleagues is often a decisive element. These witnesses may 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 cover material evidence: emails, messages, internal memos, performance appraisals, 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 all the elements gathered in a structured and objective manner. 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 Suggested Measures

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

Important reminder: Under Article L1152-3 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

The closure of the investigation does not mark the end of the process. Careful follow-up of the situation is necessary to verify the effectiveness of the measures taken and to prevent any recurrence or reprisals.

Implementing Preventive Measures

The investigation may reveal organisational dysfunctions that foster the emergence of harassment situations. The employer must then implement corrective actions: manager training, improved internal communication, strengthening of reporting procedures.

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

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

Case law is particularly vigilant regarding the employer’s diligence in response to reports of moral harassment. A botched or biased investigation may lead to a conviction even where the harassment itself 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 throughout this sensitive process, from setting up the investigation procedure to following up on corrective measures. Contact our employment law experts to secure your approach and effectively protect your company and your employees.

The Essential Clauses of the Employment Contract

The employment contract, whether open-ended (CDI) or fixed-term (CDD), forms the basis of the employment 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 classification and grading: these determine the applicable minimum wage under the collective agreement and the employee’s rights. They must correspond to the functions actually performed (Article L.1221-1 of the French Labour Code)
  • Remuneration: detail 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
  • The probationary period: its duration is governed by Article L.1221-19 (CDI) and may not exceed 2 months for manual/clerical workers, 3 months for supervisors/technicians, and 4 months for managers (cadres). A single renewal is possible if provided for by the collective agreement and mentioned in the contract
  • The mobility clause: it must precisely define the geographical area concerned. The Court of Cassation requires this area to be determined and not to confer discretionary power on the employer
  • The non-competition clause: 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 assistance in drafting your contracts, consult our employment law experts.

The Fixed-Term Contract (CDD): Conditions of Use and Risks of Reclassification

The use of a 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 object nor the effect of permanently filling a job linked to the normal and permanent activity of the company.

The permitted cases are listed exhaustively:

  • Replacement of an absent employee or one whose contract is suspended
  • Temporary increase in activity
  • Seasonal employment or employment by custom (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 is equal to one-third of the duration of the initial contract (or half if the CDD is less 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 compensation that may not be less than one month’s salary (Article L.1245-2). See our dismissal guide for the consequences of an early termination.

Checklist: Securing the Drafting of an Employment Contract

  • ✅ Identify the appropriate type of contract (CDI, CDD, apprenticeship contract, professional training 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 grading
  • ✅ 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-competition, mobility, exclusivity)
  • ✅ For a CDD: state the precise reason 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, provident/health insurance information notice
  • ✅ 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 actions for the payment of wages, and 5 years for moral harassment or discrimination (Article L.1471-1 of the French Labour Code).

How does a hearing before the labour tribunal (conseil de prud’hommes) proceed?

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

Can the employer unilaterally change working conditions?

The employer may change working conditions (non-essential elements) within the scope of their management power. However, any change to an essential element of the contract (remuneration, job classification, working hours, 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).

Which 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 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 a loss giving rise to a right to damages.

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