If a member of the staff delegation on the Social and Economic Committee observes, in particular through the intermediary of an employee, that there is an infringement of the rights of individuals, their physical and mental health or individual freedoms in the company which is not justified by the nature of the task to be performed, nor proportionate to the aim pursued, he/she immediately informs the employer. This infringement may, in particular, result from acts of sexual or moral harassment or from any discriminatory measure in terms of recruitment, remuneration, training, reclassification, assignment, classification, qualification, professional promotion, transfer, renewal of contract, sanction or dismissal.
The employer shall immediately carry out an investigation with the member of the staff delegation on the committee and take the necessary steps to remedy the situation.
If the employer fails to do so or if there is disagreement as to the reality of the infringement, and if no solution is found with the employer, the employee, or the member of the staff delegation on the Social and Economic Committee if the employee concerned, having been notified in writing, does not object, shall refer the matter to the judgement office of the industrial tribunal, which shall give a ruling on the merits of the case in accordance with the accelerated procedure.
The judge may order all appropriate measures to put an end to the infringement and may attach to his decision a fine to be paid to the Treasury.