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Publication date: 24.04.2024
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Mobbing, also known as workplace harassment, is systematic and repeated humiliation, insults, or other negative actions directed at an employee or group of employees. This can include various forms of psychological, verbal, physical or social pressure. Mobbing can have serious consequences for the physical and mental health of victims and can significantly impair their work and personal life. This is a serious problem that needs the attention and intervention of employers, legislators and other stakeholders to prevent and eliminate such situations.
Creating a tense, hostile and offensive atmosphere in the workplace for an employee is one of the manifestations of mobbing. This may include actions such as spreading rumors about an employee, making offensive comments, using offensive language or gestures, isolating oneself from colleagues, or any other actions designed to create a negative environment for the employee. This can significantly impair the quality of life and work capacity of the affected persons and requires intervention to prevent similar situations and protect workers' rights.
This creation of a negative atmosphere, such as tense, hostile or offensive, can be a sign of workplace mobbing. This can take the form of hostile comments, negative reactions to the employee's ideas or suggestions, isolation from colleagues, deliberate ignoring, or any other actions that create an unpleasant atmosphere for the employee. This can significantly worsen the psychological state and work productivity of the affected persons.Such situations require careful consideration and intervention by management and staff to prevent such conflicts and ensure a positive and safe work environment for all employees.
Inequality of opportunities for training and career development is a serious problem that can arise in the workplace and lead to inequality in the development of employees. This may include limited access to vocational education and training, as well as barriers to career advancement, such as limited access to vacant positions or opportunities for advancement.
Unequal pay for work is a serious violation of the principles of fairness and equality in the workplace. This can arise from various factors, such as discrimination, unfair practices in the calculation of wages, or the absence of clear criteria for evaluating employees.
Depriving an employee of benefits without proper justification may violate the agreements concluded between the employee and the employer, as well as the norms of labor legislation. This can include bonuses for achieving certain goals, bonuses for high performance, or other types of rewards that the employee has earned through his or her work. Depriving an employee of such benefits for no reason can lead to a deterioration of motivation and loss of trust in the employer.
Unjustified uneven distribution of workload may also violate the rights of employees. This may include overburdening certain employees or unevenly distributing important projects and responsibilities.Such practices can lead to overwork, stress, and decreased job satisfaction of employees.
Persons who believe that they have become victims of mobbing at the workplace have the right to file a complaint with the central executive body responsible for the supervision and control of compliance with labor legislation. This body usually has the authority to consider complaints about violations by employees of their rights, including cases of mobbing.
In addition, aggrieved persons can also go to court to protect their rights. The court can consider the case and decide on the issue of compensation for moral and material damages, as well as for the restoration of violated rights.
Article 1735 of the Code of Ukraine on Administrative Offenses provides for administrative responsibility for mobbing, which is defined as systematic (repeated) long-term intentional humiliation of an employee's honor and dignity or the creation of a tense, hostile atmosphere at the workplace with the aim of degrading his business reputation or harming his health. i
According to this article, persons guilty of mobbing may be fined in the amount of:
From 50 to 100 tax-free minimum income of citizens or public works for a period of 20-30 hours.
Entrepreneurs using hired labor, or officials under whose authority the employee is, may be fined in the amount of 100 to 200 tax-free minimum incomes of citizens or community service for a period of 30-40 hours.
In the event of mobbing by a group of persons or repeatedly during the year, the responsibility consists in a fine of 100 to 200 tax-free minimum incomes of citizens or community service for a period of 30-40 hours.
Managers of enterprises or officials may be punished with a fine of 200 to 400 tax-free minimum incomes of citizens or community service for a period of 40 to 60 hours.
Experienced lawyers will provide professional legal assistance not only in matters of mobbing, but also in protection of dignity, analysis of the situation, representation and lifting of arrest.
