What Is Mobbing in the German Workplace?

Question from NAME, What Is Mobbing in the German Workplace?

Answer from AI:

Mobbing in the workplace refers to situations where an employee is harassed, bullied, or intimidated by colleagues or superiors over a period of time. In Germany, the term “mobbing” is specifically used to describe such behavior, which can have serious implications for both employees and employers.

Legal Framework Against Mobbing in Germany

In Germany, there is no specific “mobbing law,” but various legal provisions address the issue:

• General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG): This act protects employees from discrimination and harassment, which can include mobbing.
• Occupational Health and Safety Act (Arbeitsschutzgesetz – ArbSchG): Employers are required to protect the health and well-being of their employees, which encompasses preventing mobbing.
• German Civil Code (Bürgerliches Gesetzbuch – BGB): Under sections related to employment law, employers have a duty of care towards their employees, which includes preventing mobbing.
• Works Constitution Act (Betriebsverfassungsgesetz – BetrVG): Works councils have a role in ensuring a good working environment, free from mobbing.

What Can Employees Do?

If you are experiencing mobbing in the workplace, there are several steps you can take:

1. Document the Incidents: Keep a detailed record of the mobbing incidents, including dates, times, what was said or done, and any witnesses.
2. Report the Behavior: Inform your supervisor or the human resources department about the mobbing. If the supervisor is involved in the mobbing, you can approach the next higher level of management or the works council.
3. Seek Support: Consider speaking with a counselor or therapist, as mobbing can have significant psychological effects.
4. Legal Action: If the situation does not improve, you may consider taking legal action. This could involve making a claim for damages or seeking an injunction against the perpetrators.

What Can Employers Do?

Employers have a responsibility to prevent and address mobbing in the workplace:

• Implement Policies: Develop clear anti-mobbing and anti-harassment policies.
• Training: Provide training for employees and management to recognize and prevent mobbing.
• Intervention: Act promptly to investigate and address any reports of mobbing.
• Support Affected Employees: Offer support services, such as counseling, to victims of mobbing.

When to Seek Legal Advice

If you are dealing with mobbing in the workplace, it may be necessary to seek legal advice to understand your rights and the best course of action. A lawyer specializing in employment law can provide guidance on how to proceed with a complaint or legal claim.

For more information on the laws mentioned, you can visit the General Equal Treatment Act and the Occupational Health and Safety Act.

Please note that this information is not a substitute for personalized legal advice, and it is always recommended to consult with a legal professional for specific guidance related to your situation.