Building a healthy culture of the organization is not only help tools, it is also the prevention of situations that are dangerous for the procrastinators; for their physical and mental health. Therefore, in OSH, there is more and more talk about the well-being of the employee and, consequently, the influence on good relations at work and the atmosphere. By creating a safe workplace, we significantly reduce the risk associated with the appearance of mobbing, which brings positive results for employees and the company.
What is Mobbing at Work?
Mobbing at work is long-term harassment, psychological harassment, ridicule of an employee, which cause psychological terror that can significantly affect the professional situation, mental and physical health. Behaviors regarding an employee that clearly exceeds the boundaries of a relevant relationship at work may also be referred to as bully and psychological abuse. We have written more about this phenomenon and articles Mobbing at work: a new definition at work and Mobbing at work: causes and effects. The current definition requires changes and after 21 years, if an amendment to the law is adopted, it will be expanded by several points such as: clarifying the concept of “persistence” of harassment, or the conclusion of the so-called “harassment”. model of rational sacrifice.
International Labor Organization: Mobbing means harassing an employee through abusive and vindictive behavior. Intimidation of the employee and other behaviors that attempt to harm the individual significantly affect the condition of the employee and the organization.
Mobbing in the Labor Code
The provisions of the Labor Code state that the employer has an obligation to prevent mobbing and protect employees from mobbing.
The current version of the definition reads:
Article 943. [Mobbing]
§ 1. The employer is obliged to prevent mobbing.
§ 2. Mobbing means actions or conduct concerning or directed against an employee, consisting in persistent and prolonged harassment or intimidation of the employee, causing him to have an underestimation of his professional suitability, causing or aiming to humiliate or ridicule the employee, isolate him or eliminate him from the team of colleagues.
§ 3. An employee whose mobbing has caused a health disorder may claim an appropriate amount from the employer as monetary compensation for the harm suffered.
§ 4. An employee who has suffered from mobbing or has terminated an employment contract as a result of mobbing has the right to claim compensation from the employer in the amount not lower than the minimum wage for work, determined on the basis of separate regulations.
§ 5. The employee's declaration of termination of the employment contract shall be made in writing, stating the reason referred to in § 2 justifying the termination of the contract.
How to prove mobbing?
The occurrence of mobbing can significantly disrupt the professional situation; it affects the health of the victim and the situation of the victim of mobbing can lead to a number of really serious consequences. What are the effects of mobbing on victims? Mental torment can take a toll on mental and physical health, lead to depression, anxiety and even suicide attempts and, in addition, cause job loss and even the suspension of an entire professional career.
In the process of experiencing mobbing, the key decision is to report its occurrence in the workplace. The employee has the right to demand support from both the employer and the team of colleagues who may witness such situations. The presence of mobbing can be proven by providing evidence such as correspondence, witness testimony or medical records confirming the psychological and physical effects of the harassment.
What are the rights of victims of mobbing?
Victims of mobbing can claim the employee in the form of compensation for termination of the employment contract, compensation for the harm suffered, reimbursement of medical expenses and protection of personal rights. It is crucial to prove mobbing, e.g. through documentation or witness testimony. Currently, the minimum compensation is the equivalent of one minimum wage, but changes are planned in the law that will raise this threshold to six monthly salaries of an employee. These changes are designed to support victims of mobbing and increase employers' accountability.
How to counter mobbing?
Prevention of mobbing is an important part of taking care of the well-being of the employee. The organizational culture of the company, which includes anti-mobbing as an element of the strategy, effectively minimizes the risk of its occurrence. Thanks to this, it protects employees from becoming potential victims, reduces staff turnover and prevents image losses.
Recruiting the right leaders is one way to prevent mobbing early. Responsible leadership is associated with empathy and high sensitivity towards colleagues. Avoiding people with narcissistic, neurotic or bossy traits allows you to build a safe team in which everyone will feel comfortable. Creating a place based on openness, openness and trust significantly affects the quality of relationships and work efficiency.
Another action that can help counteract mobbing is Establishing clear rules of work — Precise division of tasks, transparent rules for evaluations, promotions and remuneration ensure that every employee feels treated fairly and has a sense of stability in the organization. It is also worth investing in staff development, creating space for professional development and improving interpersonal relationships, which has a positive effect on the atmosphere in the workplace.
In addition, conducting anonymous surveys of employees allows you to monitor the working atmosphere and detect potential problems early, including mobbing. Such actions are conducive to building a working environment that supports employees and prevents negative phenomena in the organization.
Where to report mobbing at work?
Victims of mobbing can turn to the State Labour Inspectorate for help and advice — in such a situation it is an important step to file a complaint with the State Labour Inspectorate, which deals with this type of case. In addition, it is worth preparing a report in which the situations related to mobbing will be described in detail, including dates, times, participants and other relevant information.
Help can also be sought from anti-mobbing associations such as the National Anti-Mobbing Association. This organization focuses on publicizing the problem and scale of mobbing, conducting research, developing publications on the subject and organizing meetings for victims, during which the help of psychologists and lawyers is provided. All these actions represent effective ways to combat mobbing at work and contribute to supporting those affected by it.
summary
Supporting victims of mobbing is crucial both to protecting their mental and physical health and to building a healthy organizational culture in the workplace. Actions such as reporting mobbing to the State Labor Inspectorate, preparing a detailed report and using tools such as anonymous surveys or the support of psychologists and lawyers are effective ways to combat mobbing at work.
Sources
https://www.gov.pl/web/premier/projekty-ustawy-o-zmianie-ustawy--kodeks-pracy
https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/kodeks-pracy-16789274/art-94-3
https://www.eurofound.europa.eu/en/european-industrial-relations-dictionary/mobbing
https://www.eurofound.europa.eu/en/european-industrial-relations-dictionary/mobbing
