For several years now, the phenomenon of mobbing has been increasingly discussed. You hear about it in the media during political or business scandals, and you can often read about them in literature on people management, but also in the labor code and literature on employee rights. Even though almost everyone knows the concept of mobbing, not everyone can clearly define what it means.

The Labor Code introduced definitions of mobbing, in accordance with Art. 943 § 2 „Mobbing means actions or behavior concerning an employee or directed against an employee, consisting in persistent and long-term harassment or intimidation of an employee, causing him to lower his professional suitability, causing or intended to humiliate or ridicule the employee, isolating him or her or eliminating him from the team co-workers.”

The definition of mobbing was developed by the International Labor Organization. Mobbing „is offensive and vindictive behavior expressed through cruel, malicious and humiliating attempts to harm an individual or group of employees who become the subject of psychological torment. Mobbing includes constant negative comments or criticism, isolating a person from social contacts, gossiping or spreading false information „.

In other words, mobbing is conscious, persistent psychological harassment of an employee in a verbal or non-verbal manner by a superior or co-worker, or even a larger number of people or the entire organization (people managing it). As a consequence of such behavior, the employee is in a bad mental state, manifesting itself in lower self-esteem, a sense of isolation and even anxiety.

It is extremely important that in order to recognize a specific person as a victim of mobbing, all factors must be present at the same time, i.e.:

• the actions or behavior concern or are directed against the employee,
• actions or behaviors are long-lasting and persistent,
• the actions or behavior involve harassment or intimidation,
• the purpose of the influence is to humiliate or ridicule the employee, isolate him from his co-workers or eliminate him from the team;
• As a result of the actions taken, the employee has a lower assessment of his professional suitability, as well as a feeling of humiliation or ridicule, or isolating him or her or eliminating him from the team of co-workers.

Mobbing can take many forms. Any undesirable effects may affect different aspects of your professional life in different ways. The classification of these activities includes:

• actions that negatively affect the communication process,
• actions that negatively affect inter-employee relations,
• actions that negatively affect the employee’s perception in the work environment,
• actions that negatively affect the employee’s professional position,
• activities that have a harmful impact on the employee’s health.

Reasons for mobbing

There are many reasons for mobbing, the most common include:

• unhealthy organizational culture – the so-called constant rat race,
• unspecified employee responsibilities,
• no prospects for professional development,
• inappropriate communication,
• big unemployment.

These are just a few reasons, there may also be other reasons for mobbing.

If an employee feels that he or she is a victim of mobbing in the workplace, he or she should counteract it as soon as possible. The first step is to notify your supervisor about the incident. In a situation where the mobber is the victim’s superior, you should ask senior management or the human resources department for help if you know that you will receive the expected support. From a legal point of view, a mobbing victim can expect tangible compensation for the harm suffered. The injured party may seek compensation for damage to mental or physical health – the court determines the amount of compensation based on the opinion of an expert physician. The second possible benefit is compensation for losses suffered as a result of being dismissed from work due to mobbing. However, before the injured person begins to seek compensation for the harm suffered, he or she must prove to the court that mobbing actually took place.

The court decides whether mobbing actually occurred. Unfortunately, cases involving mobbing at work are not easy. First, usually considered over a long period of time. They require establishing many circumstances, checking various evidence materials and interviewing many witnesses – most often the victim’s co-workers. Secondly, it should be remembered that, unfortunately, the burden of proving that the accused person actually committed mobbing is on the victim. This is very difficult for the victim because, as a result of being subjected to mobbing, he or she is usually an intimidated person who does not believe in his or her own strength. Additionally, everyday functioning in a professional environment, which is sometimes also negatively disposed towards the victim, can be particularly difficult and mentally burdensome.

Labor Code in Art. 943 § 1 indicates that the employer is obliged to counteract mobbing. This means that employers are obliged by law to take all actions aimed at preventing mobbing and to take the necessary actions in the situation. Actions to prevent mobbing in the workplace include the organization’s internal anti-mobbing law, personnel management methods and the creation of appropriate ethics and organizational culture of the company.

It is very difficult to determine the actual scale of mobbing. Therefore, it is very important to counteract it. Therefore, definitions of mobbing have been introduced in the Labor Code. This resulted in the employer’s obligation to counteract mobbing. Additionally, a mobbing victim may receive compensation for the harm suffered, for damage to mental or physical health. Or can he receive compensation for losses suffered as a result of being dismissed from work due to mobbing?

Source:https://poradnikprzedsiebiorcy.pl/-co-to-jest-mobbing

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.