تجريم التحرش المعنوي المرتبط بالشغل في القانون المقارن

Abstract EN

The moral harassment in the workplace is an aspect of abuse of power at work as it violates the human dignity of the employee and offends his right of work in a safe and stable place.

In light of the fact that this kind of harassment threatens the continuity of the labor relation, the jurisprudences, especially in Europe, intervened in order to criminalize this kind of harassment in accordance with important criminal provisions as a legal reaction on one hand, and as an imperious necessity on the other hand.

The legal reaction was, firstly, a reaction to the continual increase of this phenomenon and, secondly, a response to the calls and slogans asking for guaranteeing the human dignity.

On the contrary, Moroccan jurisprudence has not, up to date, tackled the subject of criminating this phenomenon explicitly, neither in the Moroccan Labor Code nor in the Criminal Law texts even though it has become a necessity so as to protect the weak party in the labor relation and to create a safe and sound work environment free of any coercion, fear, lack of rest, or any feeling of being despised that the employee might face inside the company.