The phenomenon of mobbing is so complex, but the consequences cannot yet be fully comprehended. Undeniably, the occurrence of various forms of abuse at work has the tendency to terminate the employment contract on shorter periods, and there is a high percentage of unemployment, which creates an atmosphere of greater uncertainty and lack of protection of employees and job seekers in the labor market. mitch engel lawyer is here to provide you with legal help in case of a harassment at your workplace.
Therefore, the adoption of measures and regulations aimed at combating harassment at work today appears as a priority in the field of physical and mental health of employees. At the same time, effectively preventing mobbing also favors the interests of the employer, because the consequences of abuse suffered at work is directly reflected in an unhealthy environment, that reduces productivity.
The Law on Prevention of Harassment at Work is regulating the protection of health and personal integrity of employees and makes sure that an employee is entitled to the security and protection of life and health at work, then prohibits sexual harassment, and it is also envisaged obligation of the employer a compensation of the damage suffered at work or related to work, as well as misdemeanor provisions.
However, the analysis of those provisions make it clear that the existing solutions of the Labor Law do not provide comprehensive protection in cases of abuse at work. The emphasis in the Labor Law are those forms of abuse that discriminate an individual capacity of an employee, and as a result of this definition an employee who has suffered some abuse at work, has nothing to do with discrimination law. In such situations, only in court proceedings the victim can demand compensation for non-pecuniary damage, that is according to the general regime contained in the Law on Obligations.
The Law on Prevention of Harassment at Work provides employees efficient and effective protection in all cases of workplace violence.
The perpetrator of the abuse is considered to be an employer in capacity of a natural person or a responsible person of the employer as a legal entity, an employee or group of employees who abuses of other workers.
Under the new law, the employee is obliged to refrain from behavior that represents abuse, but not to abuse of the right to protection from abuse, and not to initiate proceedings for protection without proofs.
An employee who believes that was abused should immediately report it to the employer and may initiate proceedings in the company, which includes a selection of a lawyer who is a neutral person and should settle the dispute. The procedure on behalf of an employee who is subjected to torture may be initiated by a representative. No person should ever suffer any kind of harassment whether it is on the workplace or outside of it. In case that happens to you, do not be ashamed to report it and ask for a help.