Author: Szymon Łakomy
What is Mobbing?
According to Article 94 § 2 of the Act of 26 June 1974 – the Labour Code, mobbing means actions or behaviours concerning an employee or directed against an employee, involving persistent and long-term harassment or intimidation of the employee, causing a lowered assessment of their professional usefulness, aimed at or resulting in humiliating or ridiculing the employee, isolating them, or eliminating them from the team.
From the above it follows that the victim can only be an employee, i.e., a person employed on the basis of an employment contract. The perpetrator of mobbing may be practically any person functioning within the work environment: a supervisor, a co-worker, or even a subordinate.
It should also be emphasized that the term “mobbing” is often confused with other behaviours that do not meet the statutory criteria. Such situations include, in particular:
- Justified criticism, meaning drawing an employee’s attention to issues, pointing out mistakes, formulating recommendations or expectations regarding improvement of work quality when the employee fails to meet their duties or performs them unreliably;
- Conflict, meaning a divergence of positions between parties who seek to resolve it;
- A sense of discomfort at work, usually manifested by dissatisfaction with the nature of assigned duties, unwillingness to carry out assigned tasks, boredom, lack of professional fulfilment, or lack of job satisfaction;
- A single act of humiliation, ridicule or disregard, which, although unacceptable and reprehensible, does not meet the criterion of long-term behaviour and therefore does not qualify as mobbing within the meaning of labour law;
- Working conditions that do not meet OHS (health and safety) requirements, which may be considered a form of mobbing only when they are intentionally directed at a specific individual.
Identifying Mobbing
Individuals particularly exposed to mobbing are often those who achieve professional success, stand out from other team members, reveal irregularities in the functioning of the organisation, as well as those in a difficult personal situation, excessively emotionally sensitive, or characterised by low self-esteem, though other factors may also play a role. Due to the long-term nature of the phenomenon, it is difficult to assess in the early stages whether one is a victim, which is why inappropriate behaviours are often minimised or explained as incidental.
In case of suspicion that mobbing is occurring, it is necessary to determine whether it has resulted in a health disorder and to gather evidence. This may include written threats, electronic correspondence, recordings (including personal recordings, CCTV footage), and witness statements.
The victim may also use the free legal assistance offered by the National Labour Inspectorate. This institution has the authority to assess the likelihood of mobbing, which may prove helpful in proceedings before a labour court or in a civil case relating to violation of personal rights.
Under the Labour Code, a victim of mobbing is entitled to seek compensation from the employer in an amount not lower than the minimum wage.Kształt
Preventing Mobbing
The employer is obliged to prevent mobbing, which can take various forms. Most commonly, this is done by developing and implementing appropriate policies, introducing a code of ethics, and adopting procedures to be followed in the event of mobbing, activated upon submission of a complaint. Common practices also include training for employees and managers, as well as appointing an anti-mobbing officer. Other preventive measures may include crisis hotlines, HR-led audits, including periodic surveys assessing the workplace atmosphere, as well as providing access to a mediator.
Discrimination
A term often used interchangeably with mobbing, but in reality having a different meaning, is discrimination. It consists of unequal treatment of employees in relation to establishing and terminating employment, working conditions, promotion, and access to training aimed at improving professional qualifications. In particular, it may be based on factors such as gender, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, sexual orientation, as well as employment for a fixed or indefinite period or in full-time or part-time positions.
We distinguish between direct and indirect discrimination. Direct discrimination occurs when a person is treated less favourably than another in a comparable situation due to an objective criterion or characteristic. Examples include a woman receiving lower pay than a man performing the same work, or sending only younger or only older employees to training courses.
Indirect discrimination occurs when an apparently neutral, non-differentiating criterion results in a person or group being placed in a worse position because of an objective characteristic. Such situations include, for example, making personnel decisions based on political party affiliation or introducing internal regulations entitling only employees who work an average of 40 hours per week to bonuses (which discriminates against persons with disabilities).