From January 1ST, 2019, employers will have to inform, by any means, employees, trainees and interns, as well as candidates for recruitment, training or work placement, of the text of the Article 222-33 of the French Penal Code (text defining sexual harassment) as well as civil and criminal contentious actions open in matters of sexual harassment and the contact details of the competent authorities and services. The list of these services will be defined by a decree.

In practice, this information will be done through a display that recalls the definition of sexual harassment (harcèlement sexuel) as well as civil or criminal actions that are open in cases of sexual harassment.

This obligation applies in the workplace as well as in the premises or at the door of the premises where the hiring takes place (article L. 1153-5 paragraph 2 of French Labour Code, article 105 Law sept. 5th, 2018).

In companies with 20 or more employees, the internal regulations must already recall "the provisions relating to moral and sexual harassment and sexist behaviour provided for by the Labour Code". (Article L. 1321-2 of the French Labour Code)

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Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)

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