Lekcja 24: Mobbing

Future Centre
18.08.2014 , aktualizacja: 18.08.2014 15:46
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Jeżeli w pracy nagminnie czujesz się zastraszany lub wykorzystywany, możliwe, że jesteś ofiarą mobbingu. Choć bez wątpienia niełatwo z nim walczyć, nie jest to sytuacja bez wyjścia. Poniżej krótki podręcznik survivalowy "Jak bronić się przed nękaniem w pracy".
If, again and again, you feel bullied or abused at work, you may be a victim of mobbing. Although undoubtedly it is not easy to fight, it can be tackled. Below you will find a short survival guide "How to defend yourself against harassment at work."

In accordance with Art. 94 § 2 of the Polish Labour Code, mobbing shall be understood as any act or conduct relating to the employee or directed against him, consisting in systematic and prolonged harassment or intimidation, that result in an underestimated judgment of professional aptitude, that humiliate, ridicule, isolate or exclude the employee from the group of his colleagues.

Mobbing may be performed both by the employer and superiors, colleagues or other employees. According to the law, it occurs if there are actions and behaviours relating to an employee or directed against him that consist of harassment or intimidation; which are systematic and long-lasting; and the purpose of which is to humiliate, ridicule, isolate the employee from his/her colleagues or exclude him/her from the group of his colleagues; which result in an underestimated judgment of professional aptitude, as well as in a sense of humiliation or ridicule or his/her isolation or exclusion from a team of colleagues. What is important, all of the conditions above need to exist jointly in order for the definition to apply.

According to the law, the employer shall be liable to a mobbing victim, if the employee develops a health disorder or terminates the employment due to mobbing. In both cases mentioned above, the injured party may pursue claims only through the court, and the formalities and expenses required, including payment of lawyers' fees, often deter sufferers from lodging a formal complaint. Moreover, it is the victim who has to prove that there was an instance of mobbing by supplying the necessary body of evidence, such as relevant documents, correspondence, records, or testimonies. When seeking compensation, the employee should prepare an appropriate medical documentation of his/her mental or physical health disorder as well as the treatment followed.

The employees who decide to act against their employer and accuse him/her of mobbing, must reckon that they will need to pursue the winding and thorny legal path, which may be both lengthy and costly. And yet, is it not worth to be patient and bear any costs, no matter how steep, if we have a chance to escape the nightmare of another unbearable day at work?