Pregledni rad
HARASSMENT AT THE WORKPLACE (MOBBING) IN THE DOMESTIC AND EUROPEAN CONTEXT
Ante Knežević
orcid.org/0009-0007-9962-7792
; Sveučilište J. J. Strossmayera u Osijeku, Pravni fakultet Osijek
*
* Dopisni autor.
Sažetak
Harassment at the workplace (mobbing) is a complex legal issue regulated through a
multidimensional approach, encompassing labor law, anti-discrimination law, criminal law,
misdemeanor law, and civil law legislation. The phenomenon of mobbing is closely related
to discrimination. The aim of this paper is to define the concept of mobbing, distinguish it
from discrimination, present its incidence, showcase the legal regulation through the national
legislation of the Republic of Croatia, compare it with the legal frameworks of other EU member
states, and analyze the national legislations of individual EU member states. Although there
is no unified and universally accepted definition of mobbing, there is theoretical stability in
understanding this issue. Therefore, mobbing can be defined as systematic hostile, unethical,
or aggressive communication or behavior of an individual or a group of individuals towards
others in the work environment, which, due to its high frequency and duration, leads to
the humiliation of the mobbing victim, as well as significant psychophysical consequences
on their health. Mobbing represents psychological, not physical violence, and its goals can
vary from damaging the reputation, honor, dignity, and integrity of the mobbing victim to
even their removal from the workplace. The resulting stress from mobbing can have longlasting
and serious effects on the psychophysical health of the victim. As a potential solution
to the issue of mobbing both in the Republic of Croatia and at the EU level, the creation of a
comprehensive law regulating this issue is proposed, as well as the harmonization of national
legislations of EU member states. Additionally, establishing unified monitoring mechanisms
for implementing measures to prevent mobbing at the EU level, as well as sanctioning the
failure to implement these measures, is necessary. By aligning the national legislations of EU
member states and implementing an effective sanctioning system, the desired level of legal
security would likely be established, thereby reducing the occurrence of workplace mobbing.
Ključne riječi
harassment at the workplace; mobbing; psychological harassment at work; sexual harassment; bullying
Hrčak ID:
319168
URI
Datum izdavanja:
12.7.2024.
Posjeta: 280 *