In Luxembourg, there was no legal framework for moral harassment (unlike in the Grand Duchy’s neighbouring countries and unlike sexual harassment, which has had a legal framework in Luxembourg since 2008).

A draft law was filed 23 July 2021 in order to provide a legal framework for moral harassment (see our article here).

The new law of 29 March 2023 on moral harassment was published on 5 April 2023.

The final text of the law remained fairly close to the original draft law. However, the definition of moral harassment has been reworded to read as follows:

Any conduct which, by its repetition or systematisation, undermines the dignity or the psychological or physical integrity of a person, constitutes moral harassment in the context of labour relations within the meaning of this chapter.

This new definition of moral harassment follows a formal opposition by the Council of State, which had noted an unjustified difference in regime between public and private sector employees, which would have constituted a violation of the constitutional principle of equality before the law. The definition of moral harassment in the private sector is therefore aligned with that, already existing, in the public sector.