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Publication date: 17.05.2024
NAAU systematized case law on mobbing: the new Digest and its impact on labor relations
The National Association of Lawyers of Ukraine (NAAU) continues its active work in the direction of protecting the rights of workers. Recently, the Labor Law Committee of NAAU prepared and published a Digest of judicial practice on issues of establishing the facts of mobbing in Ukraine. This is an important step in protecting the labor rights of employees and ensuring their dignity in the workplace. Let's consider the main aspects of this Digest and its impact on labor relations in Ukraine.
The meaning of the term "mobbing"
First of all, it is worth understanding the concept of "mobbing". This is a systematic humiliation of the employee's dignity or coercive actions by the employer or other employees aimed at psychological pressure and even economic limitation. Manifestations of mobbing can be diverse, from a hostile atmosphere to inequality in pay and deprivation of opportunities for career growth.
Problems of proving the facts of mobbing
However, identifying and proving the facts of mobbing often becomes a difficult task. In addition, there are many gaps in proving such cases in practice. Therefore, it is important to systematize judicial practice and develop clear criteria for determining mobbing.
Important aspects of the Digest
The new Digest presents the key legal positions of the Supreme Court of Ukraine regarding the establishment of the facts of mobbing and its consequences in the field of labor relations.On the example of various court decisions, such issues as establishing the fact of mobbing, its impact on the dismissal of an employee, the illegality of the employer's orders and decisions, as well as the recovery of compensation for the damage caused, were analyzed.
An important step in the protection of labor rights
The digest is an important step in the direction of protecting the labor rights of employees and ensuring their safety at the workplace. This is a document that provides clarity on the legal aspects of mobbing and defines the judicial system's approach to this issue.
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Result
In conclusion, the systematization of judicial practice regarding mobbing, carried out by the National Association of Lawyers of Ukraine, is an important step in the direction of protecting the labor rights of employees and ensuring their safety at the workplace. The digest, which takes into account the key legal positions of the Supreme Court of Ukraine, provides the necessary clarity regarding the definition of mobbing and its consequences in the field of labor relations. Thanks to such initiatives, it becomes possible to effectively identify and protect employees from negative manifestations of mobbing, which contributes to the creation of a fair and safe working environment for all participants.
