HARASSMENT AT THE WORKPLACE (MOBBING) IN THE DOMESTIC AND EUROPEAN CONTEXT

Abstract

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 long-lasting 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.