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What is transgressive behaviour? Behaviour is transgressive when the behaviour of one person crosses the boundary of the other. It is therefore very different for each person when certain behaviour is considered as transgressive. This is what makes it so complicated for employers.
There are several forms of transgressive behaviour:
Transgressive behaviour can be caused by people within the organisation (such as colleagues and supervisors), but also by third parties (clients, customers, patients). This can happen, for example, in healthcare, where patients may fall in love with employees, etc. A recent example we saw in practice concerns an employee at a penitentiary who was hit with a chair by a prisoner, breaking his wrist in several places.
As an employer, you have a duty of care for your employees. This means that you have to provide a safe and healthy working environment. Transgressive behaviour can be classified as psychosocial workload. As an employer, you are obliged to implement policies aimed at preventing or limiting psychosocial workload (and therefore also transgressive behaviour). In addition, you must also map out the risks related to transgressive behaviour by means of a Risk Inventory and Evaluation (RI&E).
Below is a practical step-by-step plan to prevent transgressive behaviour in the workplace as much as possible.
In practice, we see that employers have difficulty in taking the right steps and measures when transgressive behaviour is observed. This may lead to for example the payment of a fair compensation of EUR 200,000 to an employee. It is therefore important that you know what to do in case of transgressive behaviour being observed within your organisation. For this reason, we have also drawn up a step-by-step plan.
Do you have questions concerning transgressive behaviour in the workplace? Feel free to contact Renée Huijsmans or Jaouad Seghrouchni, Attorneys-at-law at our Employment, Employee Participation & Pensions department.