Legal Regulation of mobbing: National and international experience (Part 1) - Jurfem

Legal Regulation of mobbing: National and international experience (Part 1)

 Workplace bullying (a term used in the United States and Britain) or mobbing (mean “to attack”; used in Sweden, Germany, Italy, and other European countries) (by H. Leymann Mobbing and Psychological Terror at Workplaces. Violence and Victims, Vol. 5, No. 2, 1990. P. 120.) means hostile and unethical behavior in the workplace, which is systematically directed by one or a group of people against another. As a result of the frequency and duration of such actions, the employee gets significant mental, psychosomatic and social suffering, and in some cases, victims of mobbing even commit suicide. Although mobbing is a very old phenomenon, it was first studied only in the early 1980s. Thus, Heinz Leiman, a Swedish psychiatrist, first introduced the concept of “mobbing” in 1978 to specify the form of harassment of the employee in the workplace.

The phenomenon of workplace mobbing is widespread throughout the world, both in private companies and in government agencies. Studies show that the level of mobbing in the workplace is almost 50% in the United States, 4% in Italy, and 5-10% in Europe. In Australia, reports of harassment in the workplace have risen by 70 percent in the last three years. Another survey (according to workplacebullying.com) showed that 70% of those who provoke violence are men, and more than 60% of victims of mobbing are women. Unfortunately, in Ukraine, there are no statistics on the recording of cases of mobbing, which indicates the extent of legal non-regulation of this phenomenon and the need for both qualitative research and monitoring.