INSTITUTIONAL MORAL HARASSMENT AT THE WORKPLACE. POSSIBILITY OF ADOPTING SOLUTIONS DEVELOPED IN FRENCH JURISPRUDENCE WITHIN THE NATIONAL LEGAL FRAMEWORK OF ROMANIA

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Abstract

Workplace harassment, with relatively recent regulation in Romania, from the year2020, is a form of discrimination that is continuously evolving, constantly adopting newforms, and courts are being called upon in new and increasingly numerous cases to rule onthe existence of such behaviour by the employer or other employees.Recently, the French Court of Cassation ruled on a specific form of workplaceharassment, namely institutional harassment. Essentially, this consists of a programmedbehaviour by the employer aimed at deteriorating the work environment, with the ultimategoal of reducing the number of employees while avoiding dismissal procedures.The article presents the decision of the French supreme court and explores thepossibilities of using the concept of institutional harassment in the workplace within theRomanian legal framework.

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