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Sexual
harassment > Sanctions
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Diverse
sanctions and
... dissuasion?
Legislation
has diversified and reinforced the sanctions applicable to perpetrators
of sexual harassment. It is possible to hope that the simple threat
of using one of these sanctions will prove dissuasive ...
Still, you must be aware of them ...
Disciplinary
Sanction: the employee who commits an abuse of authority in sexual
matters is liable for disciplinary sanction by the employer. It might
go as far as termination: indeed, the employer can, for example, consider
that the deterioration of the relations between the employees and the
consequences of the harassment on an employee hinder the company's operations.
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Penal Sanction:
any person who commits an abuse of authority can be pursued before the
penal jurisdiction at the initiative of the court. As in all other matters,
the complaint can be filed directly with the state prosecutor (Procureur
de la République) (by mail), with the local police or sheriff's
department of your residence, or - which is less known - the senior
judge of your district court (by mail).
The maximum penalty risked is one year of imprisonment, as well as a
maximum fine of 15,000 euros.
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Civil
Damages: the perpetrator of the harassment may be condemned by the
judge to pay civil damages. The amount varies depending on the gravity
of the harassment. The paying of damages supposes that the victim filed
a civil complaint at some point of the procedure.
Sexual relations
obtained
by the abuse of authority can be
penally qualified as rape
(a crime judged in criminal court).
See
website section dedicated to this subject
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Protection
of candidates for a job and employees who are victims or witnesses
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Candidates
for a job and employees are protected during the hiring
process as well as during the execution of their work contract and at
its end.
The protection
covers the employee who submitted to who refused to submit to sexual
harassment, as well as to those who witness these acts or testify.
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The
guaranties offered are the following:
# voiding of all sanctions or any termination pronounced against
the employee
victim or witness to the abuse of authority ;
# forbidding all discriminatory decision, during the hiring
process as well as during the execution of their work contract or
during the termination process.
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home
l domestic
violence | rape
and sexual abuse | harassment
| prostitution
| homosexuals |
birth
control and abortion
heart
and body | links,
resources | professionals
| questions, messages, answers
| what's new ? | everything
about sosfa | @
|