As of: March 8, 2024, 12:00 p.m
By: Carina Blumenroth
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First your self-esteem suffers, later it can cause health problems - it's about bullying at work.
Is that actually a criminal offense?
At work, many different people come together with their own views, morals and working methods.
It is normal that there can be arguments in the group - but bullying in the workplace is not normal.
It starts with small taunts or backbiting behind the back, but it can also take a turn.
If you are systematically bullied or excluded, it may be bullying.
However, proving this is not that easy.
Person and work: What is bullying actually?
Bullying at work has many risks.
When the boss bullies employees, it is called bossing.
© HalfPoint Images/Imago
The
Verdi union
distinguishes between two different levels of bullying.
Accordingly, the bullying can revolve around the person, but it can also focus on the way they work.
Bullying on a personal level |
Bullying at work level |
|---|---|
Person is treated like air, insulted, discriminated against or slandered. |
The person's abilities are doubted and denied. It is criticized unobjectively. |
It is also possible that personal belongings are damaged or hidden. |
The person is given pointless or insulting tasks or important information is not passed on. |
Basically ,
there are different views on bullying, there is still no legal definition, informs legal expert Gilbert Häfner at
Mdr.de.
This also makes it complicated to judge when exactly bullying is occurring.
Bullying in labor law can be the following,
Arbeitsrechte.de
informs :
Discrimination and harassment by colleagues.
In addition, it is also possible that the boss bullies his employee, which is then referred to as bossing.
It is usually the case that the person being bullied is at a lower level in the hierarchy.
The degrading act is targeted and occurs over a longer period of time.
The actions are based on subjective principles and cannot be objectively explained.
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Is bullying a crime?
Depending on the type of bullying, it may constitute a criminal offense.
The Lawyer.de
portal summarizes what perpetrators can be prosecuted for
:
Insult
Defamation
Defamation
Mayhem
Reenactment
(Sexual) coercion
threat
If the cases mentioned exist, you can file a criminal complaint.
However, bullying can also occur in non-criminal behavior, informs
Arbeitrechte.de
.
For example, if job-related information is withheld from employees by other employees, the employer is liable.
Actions under labor law, such as a warning or termination, may be taken.
I'm being bullied, what should I do?
If you are being bullied at work, you should definitely confide in someone.
In the second step, it is important that you collect evidence of the bullying.
You can do this, for example, with a detailed bullying diary.
You can get support from the works council or the union.
However, you can also contact your supervisor directly.
If your bullying experiences are having an impact on your health, confide in your family doctor.
Have you collected evidence of bullying and communication with your superiors or the works council is not working?
Then you can get employment law advice from a lawyer and take legal action together - sometimes compensation for pain and suffering is also possible.