Institutional moral harassment at the workplace: possibility of adopting solutions developed in French jurisprudence within the national legal framework of Romania

Abstract

Workplace harassment, with relatively recent regulation in Romania, from the year 2020, is a form of discrimination that is continuously evolving, constantly adopting new forms, and courts are being called upon in new and increasingly numerous cases to rule on the existence of such behaviour by the employer or other employees. Recently, the French Court of Cassation ruled on a specific form of workplace harassment, namely institutional harassment. Essentially, this consists of a programmed behaviour by the employer aimed at deteriorating the work environment, with the ultimate goal of reducing the number of employees while avoiding dismissal procedures. The article presents the decision of the French supreme court and explores the possibilities of using the concept of institutional harassment in the workplace within the Romanian legal framework.