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Mobbing in the workplace spotted | Labour Law
In response to signals from a senior employee about experienced mobbing in the work environment, one industry-leading company invites the specialists of the LEADELL Vītols law office for an in-depth investigation of the case. As a result, facts confirming the suspicions about mobbing are revealed, opening up opportunities for solving the problem. By paying increased attention to such issues, the company implements a socially responsible management model, thus not only taking care of its employees but also indirectly encouraging the promotion of such an approach among other companies.
What is mobbing?
Mobbing is systematic hostile and unethical communication or actions, which manifest in verbal humiliation, talking down, or intimidation, as well as exclusion from the collective or ignoring. In general, mobbing is persistent scornful behavior by management and/or co-workers. Mobbing is differentiated from short-term conflicts by the repetition, frequency, and duration of the actions.
How does mobbing manifest itself?
Manifestations of mobbing can be divided into the following categories:
- physical mobbing, i.e. using force against another person or causing material damage;
- verbal mobbing, i.e. verbal humiliation, mocking, joking, gossiping, spreading rumors, intimidating, belittling, shaming, coercing, making humiliating remarks and comments, unjustified criticism;
- ostracism or hidden mobbing, i.e. ostracism from the team, ignoring, not explaining tasks, assigning unfulfillable tasks or not assigning tasks for a long time, exclusion, not informing about meetings, disregarding opinions.
How to find out if suspicions of mobbing in the workplace are substantiated?
When faced with indications of mobbing experienced in the work environment, the management must find out whether there is a basis for such a statement and what is the general situation in the company. For effective investigation, not only written but also face-to-face interviews are conducted, accordingly, the company’s management must find a solution to ensure confidentiality. Factors such as anonymity and a sense of security contribute to the reliability of the survey results, as employees speak openly about their experiences in the work environment. It is no less important to choose a neutral environment where the respondent feels heard and meaningful.
How can a specialist help in identifying mobbing?
The team of labor law specialists of the LEADELL Vītols law office led by Ilze Jankeviča provided support to the entrepreneur in identifying mobbing, physically and content-wise ensuring the conduct of a confidential employee survey, as a result of which the company’s management received an anonymized summary of the results. The purpose of the survey is to find out whether there could be identifiable signs of mobbing in the company. As part of the performance of the work, questions were prepared regarding the forms of manifestation of mobbing, face-to-face interviews were conducted, as well as anonymization of the received information so that it would not be possible to identify specific employees who gave answers.
Such a report in the hands of the company’s management allows to objectively assess the current situation, identify the most significant risks, decide on solutions for their elimination, and enables the implementation of training programs to educate employees (including managers) about unacceptable behavior and prevent further misconducts.
Can an employer ignore mobbing in the workplace?
According to Labor Law, the employer is obliged to ensure fair, safe and healthy working conditions. In addition to the obligations imposed by law, it is also in the employer’s interest to implement such a management policy that promotes sustainability and the well-being of employees. The damage caused by mobbing has a direct impact on the professional performance of employees, which results in a decrease in the company’s performance. If the problem is not resolved in time, the company will face employee turnover, and the problem of mobbing in the workplace can harm the reputation of the employer, as well as the possibility of attracting new employees may decrease. Likewise, the employer may have to compensate for moral damage, there may be complaints to the State Labor Inspectorate, and even potential legal proceedings.
You can read more about mobbing and its manifestations in the report prepared by the International Labor Organization in English or in the informational material of the Ombudsman in Latvian.
What to do if uncertainties in connection with mobbing or other labor law matters arise?
LEADELL Vītols team actively provides professional support in labor law matters to clients. Entrust these and other labor law issues to us: riga@leadell.com
Legal assistance was provided by LEADELL’s team of labor law experts, led by an attorney at law and partner Ilze Jankeviča. Labor law issues, including identifying signs of mobbing in companies, are the professional passion and specialty of LEADELL law firm experts.
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