How to report workplace harassment?
Mobbing, better known as harassment at work or bullying at work, is a crime regulated in our Criminal Code. It defends possible attacks against the dignity and integrity of those who suffer it (for any behaviour to be considered as mobbing, it must be done in a recurrent and systematic way) which must take place at least during six months and in the workplace. In order to be successful at a judicial level, it must involve, in most cases, the appearance of psychological injuries to the individual concerned; these must manifest themselves in the form of depression, anxiety or insomnia, etc.
In order for this type of conduct to be classified at a criminal level as harassment at work, it must be demonstrated in court that the following practices have been carried out: psychological abuse of a worker with the aim of morally degrading him or her, excluding him or her, and finally getting him or her to resign from his or her job.
Usually, harassment at work must be identified with practices that are prolonged in time, such as the following:
- Physical, verbal or sexual violence
- Defamation or attack on the reputation and dignity of the person
- Social isolation
- Limitation and obstruction of the worker’s professional progress
- Any abusive conduct aimed at psychologically degrading the worker and whose final objective is the resignation of the victim from his or her job
This type of behaviour can occur in any area of labour relations without regard to positions or hierarchies within a company and poses serious problems in terms of detection and proof. This is why, from our professional experience, we advise our clients with special care and advise them to receive appropriate advice before filing a complaint of this type (in the case of workers) and to have adequate means of defence (in the case of companies), taking into account the specific circumstances of each case.
Our lawyers who are specialize in workplace harassment will carefully analyze the details of your case and determine whether it meets the requirements necessary for your case to succeed or fail in court. Once all the necessary information has been gathered and the appropriate measures have been taken, we will work through the legal process to obtain a favorable resolution that will help you obtain a sentence that meets your needs, whether we are dealing with a defense of the worker or of the company itself, evaluating each case as appropriate.