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How to Act in Case of Suffering Mobbing at Work

Labor Law
How to Act in Case of Suffering Mobbing at Work

Workplace harassment or mobbing has become an increasingly frequent situation in the workplace. Through this article we will explain everything you need to know about mobbing, how to detect it, how to combat it, and above all, how to act in case of being mobbed at work.

What is mobbing?

Mobbing, also known as workplace harassment, is that situation that occurs in the workplace and consists of harassing the worker with the aim of violating his integrity.

It is important to clarify that, when talking about mobbing, it can occur in all kinds of ways. Some of the most common are psychological violence, mockery, threats or verbal aggression

Although many people are unaware of it, mobbing can be considered a criminal offense (article 173 of the Penal Code), so in case you believe that you are being a victim of mobbing or workplace harassment, it is highly recommended that you seek advice through lawyers mobbing specialists.

On the other hand, workplace bullying does not only occur in relationships between a boss or superior with an employee, since it can also occur between co-workers of the same rank.

What requirements must be met for there to be mobbing at work?

Identifying a situation of workplace harassment is not always easy and, for this reason, we will explain the requirements that are necessary for a case to be considered mobbing.

One of the most important factors to define a case of mobbing is that the harassment in the workplace is prolonged and systematic, since it will not be enough to produce an isolated event. 

On the other hand, another of the essential details to be able to determine a mobbing situation is related to the hostility of the stalker, considering as hostile all those acts that aim to frighten the victim, such as shouting, mocking, contempt or threats. .

Finally, another of the requirements that are essential to consider that a situation of workplace harassment exists is related to the objective of the harasser, given that if it is shown that its purpose is to harm the integrity of the worker, we would be talking about a case of mobbing at work.

How to report a case of mobbing?

The main reason why many cases of mobbing at work are not reported is because the victim is unaware of the steps they have to take. Therefore, it is essential to have the advice of lawyers specialized in mobbing

In addition to requesting professional help, there are a series of actions that we have to take to prove that we are being victims of a case of workplace harassment. 

First of all, it is essential to notify the company that we are being victims of a situation of mobbing at work, it being necessary that this communication be in writing and, in addition, it is important that it be signed by the company.

The next step is to offer all kinds of evidence that shows that we are being harassed in the workplace. For example, save those messages or emails that we have received from the harasser.

The testimony of witnesses is fundamental in a case of mobbing at work, especially in those cases where we have to initiate a judicial process, so that it is a key action when reporting a situation of harassment in the workplace.

Finally, we cannot forget to provide a medical report that certifies that mobbing is causing all kinds of consequences on a physical level and, especially, on a mental level. In fact, we are facing one of the fundamental tests to determine a situation of workplace harassment.

What ways do we have to report mobbing at work?

The alternatives that we have at our disposal to report a case of mobbing at work are wide and varied. One of the most popular is to report the situation to the Labor Inspectorate, which will be in charge of determining if there really is a case of mobbing.

On the other hand, there is the option of initiating an ordinary labor procedure, which is regulated in the Law Regulating the Social Jurisdiction. Through this procedure, the victim may request a transfer to another position or a reduction in working time, among other options.

Finally, there is also the possibility of requesting an ordinary procedure for damages, this being an option that will be used when the workplace harassment has ceased because the worker is in a situation of disability, either permanent or temporary, as a result of the harassment labor.

It is clear that knowing how to act in case of mobbing at work will be very useful to avoid this unpleasant situation. Luckily, today you have the possibility to request information from professionals in this area and they will offer you a solution that meets your needs. 

In case of suffering mobbing at work, contact Forcam Lawyers, and their expert labor lawyers will take care of your mobbing case, offering you quality labor advice.