March 2026

Definition of workplace bullying

Moral harassment in the workplace is defined in Article L1152-1 of the Labor Code as repeated conduct intended to, or having the effect of, degrading working conditions in a manner likely to infringe upon the employee’s rights and dignity, impair their physical or mental health, or jeopardize their professional future.

Contrary to popular belief, workplace bullying does not require malicious intent on the part of the perpetrator. It is the effect of the actions that matters, not their motivation. Excessively high-pressure management, even if aimed at improving performance, can constitute workplace bullying if its effects undermine working conditions.

Recognizing the signs of workplace bullying

Characteristic behaviors

Moral harassment takes various forms which, taken individually, may seem harmless. It is their repetition and accumulation that create a situation of harassment. Among the most common behaviors are: isolating the employee (no longer inviting them to meetings, withholding information), systematically devaluing their work, assigning degrading or disproportionate tasks, incessant criticism, or refusing to communicate.

Moral harassment vs. demanding management

Not all workplace pressure constitutes harassment. A demanding yet respectful management style—one that sets ambitious goals and provides candid feedback—remains within the normal bounds of the employment relationship. The line is crossed when there is a pattern of behavior that goes beyond the normal exercise of managerial authority and undermines the employee’s dignity or health.

The employer's obligations

The duty to prevent

Employers have a duty to ensure safety, which includes preventing workplace bullying (Article L4121-1 of the Labor Code). This is a duty of care: employers must take all necessary measures to prevent instances of workplace bullying. This involves informing employees, training managers, establishing reporting procedures, and designating points of contact.

The obligation to respond

As soon as a report is made, the employer must conduct an internal investigation, protect the employee who reported the incident, and take the necessary corrective measures. The employer’s failure to act makes them liable, even if they are not the direct perpetrator of the harassment.

Penalties that may be imposed

Moral harassment is a criminal offense punishable by up to two years in prison and a fine of 30,000 euros (Article 222-33-2 of the Penal Code). An employer who has failed to take adequate preventive measures may be ordered to pay damages for breaching their duty of care.

Institutional bullying

Case law now recognizes institutional workplace bullying—that is, bullying that stems from the organization of work or a personnel management policy. The France Telecom case marked a turning point in 2019, establishing that a company policy aimed at destabilizing employees to force them to resign constitutes workplace bullying.

This concept extends the scope of responsibility beyond interpersonal relationships: organizational decisions themselves can constitute harassment when they systematically undermine working conditions.

How to Prevent Workplace Bullying

Establish a clear framework

Prevention begins with clearly defining what is acceptable and what is not. A code of conduct, incorporated into the internal regulations, lays the groundwork. It must be accompanied by accessible and confidential reporting procedures, as well as regular communication with all employees.

Train managers

Managers are both the primary agents of prevention and the first to be affected by risk. Training programs should enable them to identify risky situations, adapt their management practices, and respond appropriately when a concern is raised. At Accordia, we offer training programs that focus on role-playing and real-life scenarios.

Establish listening mechanisms

Harassment officers (mandatory in companies with more than 250 employees and within the Social and Economic Committee), hotlines, and internal or external mediators are all mechanisms that help identify and address situations before they escalate.

What should you do if you are a victim of workplace bullying?

If you believe you are a victim of workplace bullying, there are several steps you can take. Document the facts accurately (dates, witnesses, nature of the conduct). Notify your employer, employee representatives, or the harassment liaison. You can also contact the occupational health physician, the labor inspectorate, or the Defender of Rights. As a last resort, legal action can be brought before the labor court or the criminal court.

The Accordia Approach: Prevention Through an Inclusive Culture

At Accordia, we believe that preventing workplace bullying is part of a broader effort to build a respectful and inclusive corporate culture. Our assessments help identify organizational risk factors, and our interventions combine training, awareness-raising, and support for managerial practices to drive lasting change.

Learn more about Accordia