Mobbing (Workplace Psychological Harassment)
Mobbing refers to the systematic, continuous, and intentional psychological harassment of an employee in the workplace. Such conduct aims to violate the employee’s personal rights, forcing them to leave the job, wear them down, or render them passive.
Mobbing is not a one-time negative act; rather, it consists of repeated behaviors carried out in a systematic manner over time.
Examples of Mobbing
In practice, behaviors that may constitute mobbing include:
- spreading rumors about an employee
- exclusion or humiliation of the individual
- mocking a person’s religion, language, or appearance
- excluding the employee from work-related information
- assigning tasks incompatible with the employee’s qualifications
- constantly finding faults in the employee’s work
- verbal abuse, insults, or offensive language
- verbal or physical sexual insinuations
Such behaviors constitute mobbing only if they are systematic and continuous.
Effects of Mobbing on Employees
Mobbing can lead to serious psychological and professional consequences, such as:
- loss of self-confidence
- decreased motivation
- intense stress and anxiety
- inability to concentrate on work
- psychological disorders
- decreased performance
These effects may become chronic over time and may even prevent the employee from continuing their professional life.
Types of Mobbing
Mobbing is generally categorized into two types:
1. Horizontal Mobbing
Occurs between employees of equal status, often arising in competitive environments.
2. Vertical Mobbing
Occurs when a superior (manager) exerts mobbing against a subordinate. This is the most common form in practice.
What Does Not Constitute Mobbing?
Not every negative behavior qualifies as mobbing. The following situations alone do not constitute mobbing:
- one-time insults or disputes
- temporary stress or crisis situations
- behaviors lacking continuity
- incidents occurring outside the workplace
For mobbing to exist, the conduct must:
- be systematic,
- be repeated,
- be intentional,
- violate personal rights,
- aim to intimidate or suppress the employee.
How Is Mobbing Proven?
Proof is one of the most critical elements in mobbing cases.
1. General Rule: Burden of Proof Lies with the Plaintiff
According to the decisions of the Court of Cassation and the Council of State:
👉 The person alleging mobbing bears the burden of proof.
2. Exception: Shift of Burden of Proof
According to recent case law of the Court of Cassation:
- if the employee presents strong indications (prima facie evidence) of mobbing,
- the burden of proof shifts to the employer.
In this case, the employer must prove that mobbing did not occur. This principle has been explicitly recognized in the decisions of the General Assembly of Civil Chambers of the Court of Cassation.
Standard of Proof in Mobbing Cases
In mobbing cases:
- absolute proof is not required,
- the strict standard of criminal law (“proof beyond doubt”) does not apply.
The court forms its conviction based on:
- the course of events,
- the ordinary flow of life,
- the indications presented.
This approach is referred to in practice as “approximate proof”.
Evidence in Mobbing Cases
The following types of evidence may be used:
Written Evidence
- email correspondence
- SMS and WhatsApp messages
- internal company communications
- a mobbing diary kept by the employee
Witness Evidence
- statements of co-workers
- persons who directly witnessed the events
Medical Evidence
- psychological treatment reports
- prescriptions
- hospital records
Technical Evidence
- camera recordings
- phone call records
Social Media Evidence
- posts made against the employee
Can Audio Recordings Be Used as Evidence?
As a rule, unlawfully obtained evidence cannot be used. However, the Court of Cassation recognizes an important exception in mobbing cases:
👉 If the person cannot prove mobbing by any other means, secret audio recordings may be accepted as evidence.
This approach is based on the principle of protecting the employee.
What Should an Employee Do If Subjected to Mobbing?
An employee exposed to mobbing should:
- preserve written evidence
- keep a mobbing diary
- identify witnesses
- collect medical reports
- seek legal assistance
These steps are critical for proving the claim in a potential lawsuit.
Assessment in Light of Court of Cassation Case Law
According to the Court of Cassation:
- mobbing must be systematic,
- absolute proof is not required,
- strong indications are sufficient,
- the burden of proof may shift,
- the principle of interpretation in favor of the employee may apply.
This approach aims to protect the employee, who is considered the weaker party in labor law.
Conclusion
Mobbing is a significant legal issue that violates employees’ personal rights and leads to serious psychological consequences. In evaluating such conduct:
- continuity,
- intent,
- systematic nature
are decisive factors.
In mobbing cases, proof is not based solely on strict evidence but rather on an overall assessment of indications, witness statements, and the entirety of events.
Frequently Asked Questions
What is mobbing?
Mobbing is the systematic and intentional psychological harassment of an employee in the workplace.
Is every negative behavior considered mobbing?
No. One-time or non-continuous behaviors do not constitute mobbing.
How can mobbing be proven?
Through emails, witness statements, medical reports, messages, and other evidence.
Who bears the burden of proof?
As a rule, the plaintiff. However, if strong indications exist, it may shift to the employer.
Can secret audio recordings be used as evidence?
In some cases, if no other means of proof exist, they may be accepted by the Court of Cassation.
Legal Assistance in Mobbing Cases
Mobbing cases require technical legal expertise, particularly in terms of burden of proof, evaluation of evidence, and the proper application of Court of Cassation precedents.
Therefore, conducting the process with the assistance of a lawyer specialized in labor law is essential to ensure effective protection of rights and to prevent potential loss of rights.