Hărţuirea morală ascendentă - limitele protecţiei juridice a reprezentantului legal al angajatorului

Conf. univ. dr. Alexandra Patricia BRAICA

Conf. univ. dr. Corneliu BENŢE

ABSTRACT

The article analyses the concept of upward harassment in employment relations. It presents the relevant national legal framework as well as the case-law recognition of upward moral harassment by the French Court of Cassation (decision of 6 December 2011). The paper examines the organizational mechanisms that may facilitate the emergence of upward harassment, as well as its devastating effects on victims, illustrated by the dramatic French case of a manager who committed suicide as a result of workplace harassment. The conclusions highlight the need for a balanced approach to labour law, one that protects both employees and managers, preventing abuse of rights regardless of the direction from which it arises.

Keywords: upward harassment, moral harassment, abuse of rights, employment relations, dignity at work,...