Article

‘Mobbing’: The German Law of Bullying

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Abstract

Mobbing, as the German expression for workplace bullying, can be described as “systematic hostilities, harassment or discrimination, either among co-workers or by a supervisor”. Leading to severe physical, psychological and economical problems, “mobbing” is a severe threat that exists in workplaces all over Germany. The article describes the German legal situation concerning mobbing behavior. After defining the term “mobbing” it demonstrates which preconditions must be fulfilled in order to establish a claim for “mobbing”. Moreover, it describes the legal consequences of mobbing as far as the substantive law is concerned and outlines typical procedural problems arising from the enforcement of mobbing claims. Summing up, the author is of the opinion that the German law sufficiently deals with problems coming along with “mobbing”.

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... Occupational safety concerning mobbing / bullying is dicussed in the authors" works with emphasis on the negative consequences of mobbing / bullying to psychological climate, personal health and functional capacity (Vveinhardt, 2011 33 ; 34 , it was found that some organizations take care of and respect their employees and do not tolerate the psychological pressure and discrimination 35 , in addition, the connection of bullying, psychological terror and disease and cardiovascular disease among employees of educational institutions was established by V. Malinauskienė (2004) 36 , V. Malinauskienė et al. (2005) 37 . It should be noted that there is not much empirical research carried out that analyzes the occupational safety, mobbing / bullying in Lithuania. ...
... Even in such countries as Sweden, Germany the scientists H. Leymann, D. Zapf et al. are professionals of mobbing phenomenon both in the scientific and political level, there is still no consensus about the law on special antimobbing. For example, there are opinions (Fischinger, 2010) 131 , that the employees in Germany are sufficiently protected against mobbing by legislation, and it is provided for a clear legal responsibility, although there is no special law adopted. However, in Switzerland, as well as in some individual European countries, protection against mobbing is included to the country's labor code. ...
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The article develops the concept of occupational safety in the corporate social responsibility conception including mobbing/bullying as a psychosocial stressor. The authors review the classical concepts of corporate social responsibility (CSR), discuss the aspects of occupational safety in CSR context, expand the concept of occupational psychosocial safety in relation to mobbing/bullying. This research was funded by a grant (No. MIP-094/2014) from the Research Council of Lithuania.
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