The Labor Code obliges employers to prevent negative relationships between employees and between employees and supervisors. Article 94 (3) § 1 of the Labor Code, in conjunction with Article 11 (1) of the Labor Code, imposes on employers the obligation to protect the personal rights of employees, in particular to ensure a work environment in which the employee's dignity is respected by co-workers and the employer. Mobbing is a behavior that clearly violates employee dignity.
Mobbing
Mobbing is defined as unlawful, systematic and long-term behaviour and omissions by members of an enterprise, undertaken without reason or for an obviously trivial reason, directed against other members, violating their legally protected rights, and aimed at forcing that person to leave the team.
The obligation to counteract mobbing involves not only actions related to the occurrence of mobbing, i.e., intervention and corrective measures, but also preventive measures, which should be realistic and effective. Anti-mobbing protection applies to all employees, regardless of their position, function, or employment contract. A mobber can be an employer—an individual—or, in the case of companies, a person managing the company, as well as an employee, a co-worker, or even a client or contractor. Fulfilling the obligation specified in the Labor Code primarily requires diligent and effective action. Therefore, employers should counteract mobbing by:
- employee training,
- informing about the dangers and consequences of mobbing,
- implementation and compliance with anti-mobbing procedures.
Anti-mobbing procedure
An employee who is a victim of mobbing may seek compensation and damages for mobbing under the Labor Code and the Civil Code. Implementing appropriate measures, such as training and ongoing information, as well as anti-mobbing procedures, is examined during proceedings and affects the employer's liability and, in theory, should prevent this phenomenon.
Implementing the procedure has a positive impact on the organizational culture, employee productivity, and the perception of the company among current and future employees.
The procedure should include a description of preventive measures – e.g. the frequency of training, or other remedial actions – bulletins, newsletters.
The next step in the procedure should be interventions, outlining channels for reporting mobbing, procedures for reviewing reports, appointing an employee coordinator responsible for receiving reports, and establishing a committee to investigate mobbing cases. The procedure must also specify corrective actions to be implemented by the employer, such as transferring the employee or the mobber to limit their contact, imposing sanctions on the mobber, and providing legal and psychological support to the mobbing victim. It's worth emphasizing that these actions should be agreed upon with the mobbing victim.
As the Supreme Court pointed out in its judgment of August 3, 2011, file reference I PK 35/11, an employer's obligation to counteract mobbing is to act diligently. If, in court proceedings concerning employer liability for mobbing, the employer demonstrates that it has taken real steps to counteract mobbing and that these steps are potentially effective, the employer may be released from liability.
In summary, ensuring that an employer implements effective anti-mobbing procedures not only serves to build company culture and protect employees, but can also serve to free the employer from liability for employee claims.
Legal status as of May 18, 2022
This article is for informational purposes only and does not constitute legal advice.
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