Mobbing (workplace harassment)

What the law means by workplace harassment

Workplace harassment is active or passive behaviour towards an employee or a group of employees that is repeated and that aims at, or amounts to, a violation of the employee's dignity, reputation, personal and professional integrity, health or position. Such behaviour causes fear, creates a hostile, humiliating or offensive environment, worsens working conditions or leads to the isolation of the employee or to the employee terminating the employment relationship themselves. The law also covers encouraging others to engage in such behaviour.

The procedure with the employer

An employee who believes they are being harassed submits to the employer, or to the responsible person in a legal entity, a reasoned request for the protection procedure to be started. With the employee's written consent, the request can also be submitted by a trade union representative or by the employees' representative for health and safety at work. The right to submit such a request becomes time-barred six months after the last act of harassment, so it is important not to delay. If the harassment is attributed to an employer who is a natural person or to a responsible person in a legal entity, the employee may request mediation directly from that person or, without mediation, file a lawsuit with the court before the same deadline expires. A more precisely described and documented request makes it easier to establish the facts.

Mediation

Within three days of the request being submitted, the employer must propose mediation between the parties. The parties choose a mediator within three days of that proposal. Mediation ends within eight working days of the mediator being chosen, and for justified reasons the period can be extended, up to a maximum of 30 days. It ends with a written agreement, with the mediator's decision to terminate the procedure or with one of the parties withdrawing. Mediation is considered unsuccessful if the parties do not choose a mediator, if the mediator terminates the procedure or if one party withdraws. The employer or the mediator notifies the parties of this. If there is a reasonable suspicion that harassment was committed or that the right to protection was abused, the employer must start proceedings to establish the employee's responsibility. In addition to the sanctions otherwise provided by law, the employer may impose a warning, removal from work for four to 30 working days without pay, or a permanent transfer to another working environment.

Court protection

An employee who is not satisfied with the outcome of the procedure with the employer may file a lawsuit with the competent court within 15 days of receiving the notice or decision on unsuccessful mediation, or the employer's decision in the procedure establishing the employee's responsibility. Where the harassment is attributed to the employer or a responsible person in a legal entity, the lawsuit can also be filed without mediation, before the six-month period expires. A harassment lawsuit cannot be used to challenge the lawfulness of an individual act of the employer on rights and obligations arising from employment (for example a decision on dismissal), for which separate court protection exists. Because the deadlines are short, it is advisable to contact a lawyer as soon as possible. Depending on the case, the court may:

• establish that the employee has been subjected to harassment
• prohibit further acts of harassment
• order the consequences to be remedied
• award compensation for material and non-material damage
• order the judgment to be published

The proceedings are urgent, and the court may order interim measures during the proceedings, for example a ban on approaching and a ban on access to the area around the workplace. If the employee makes it probable in the court proceedings that harassment occurred, the burden of proving that such behaviour did not occur lies with the employer.

Protection from retaliation and from danger to health

Starting or taking part in a protection procedure cannot be grounds for placing an employee in a less favourable position, nor for disciplinary proceedings or dismissal. The protection does not apply if it is established that the right to protection was abused. If the occupational medicine service establishes that the employee faces an immediate danger to life or health, and the employer does not take the measures under Article 24 of the law (transfer or removal from work of the employee accused of harassment), the employee has the right to refuse to work, with pay equal to the average earnings over the previous three months. The employee must notify the employer and the labour inspectorate of the refusal to work without delay, and once the employer takes those measures, the employee is obliged to return to work. The employment contract of an employee who refused to work cannot be terminated.

What mobbing is not

The law requires the behaviour to be repeated. A one-off conflict, misunderstanding or justified criticism is not, in itself, workplace harassment, but such an event may violate some other right arising from employment. That is why it is useful to assess the circumstances as a whole before deciding on steps.

What is useful to document

• the date, place and a short description of each act you consider harassment
• written communication: emails, messages, official letters and decisions
• the names of colleagues who were present or can confirm the events
• the request to the employer and all replies to it
• medical documentation, if your health has deteriorated

Common questions

For other labour law questions, see the Labour Law page.

Related areas of law