Being subjected to mobbing at work for various reasons makes working conditions difficult, but victims can escape the situation by asserting their legal rights. With the right steps to take against mobbing, it is possible to put an end to harassment and protect one’s employment and well-being.
What Is Mobbing?
The term mobbing refers to psychological harassment, abuse, hostile attitudes and similar behaviors applied to an employee by colleagues or supervisors in the workplace. In recent years the number of people experiencing mobbing has risen. Contrary to some misunderstandings, there is no separate law labeled “mobbing”; related provisions are regulated under general labor law. For an employee to effectively pursue their rights, they first need to understand the elements that constitute mobbing.
Mobbing elements determine whether a behavior will be classified as mobbing. These elements must be present for an act to be legally recognized as mobbing. First, the behavior must occur within the scope of the workplace and in the context of an employment relationship. Actions that take place entirely outside of work hours or outside the work setting are generally not classified as mobbing. The notion of workplace is not limited to the desk or office: break rooms, cafeterias and any area within the workplace boundaries are included. Transportation related to work—such as travel in a company vehicle for work purposes—is also considered part of the workplace for these purposes.
Which Behaviors Count as Mobbing?
Knowing which behaviors are considered mobbing is important so employees can defend their rights appropriately. For a behavior to be classified as mobbing it must be carried out by the employer or by coworkers—actions by customers generally do not qualify as mobbing. Another requirement is intent: the behavior must be hostile or immoral and committed deliberately. Unintentional acts are not usually considered mobbing. Hostile behaviors toward a person include threats, blackmail, harassment and similar acts. Intentionally making a colleague’s job more difficult can also constitute mobbing.
Within this framework, mobbing is commonly grouped into three main types. Horizontal mobbing occurs among colleagues of similar rank and is often seen where competition exists between equals. Vertical mobbing is perpetrated by a superior—such as a manager or supervisor—and is the most common form. Reverse or upward mobbing occurs when subordinates target a superior; actions such as deliberately failing to perform assigned duties fall under this category.
What Should an Employee Experiencing Mobbing Do?
The primary response for an employee experiencing mobbing is that they may have grounds to terminate the employment contract for just cause. This is particularly clear when a superior’s mobbing targets a subordinate; such conduct can justify immediate termination for legitimate reasons. If mobbing comes from other employees, the victim may still exercise this right because the employer has a duty to treat employees equally and to take measures to ensure a fair working environment. If the employer fails to take appropriate action after a complaint, the target of mobbing may lawfully terminate their contract.
However, a single isolated incident typically does not qualify as mobbing—unless it involves extreme actions such as severe assault or sexual violence. Mobbing is characterized by continuity: hostile and harmful behaviors that repeat more than once or twice and form a pattern are likely to be considered mobbing. Beyond terminating the employment contract, the affected employee can also file a mobbing lawsuit seeking material and moral damages. Proof is essential in such cases: testimony, video or other documented evidence can establish mobbing, and if proven an employer may be ordered to pay compensation.
There are official guidelines and materials addressing workplace psychological harassment issued by relevant institutions, which outline procedures and protections for victims.
Examples of Situations Considered Mobbing
- Questioning or undermining professional competence
- Conveying a persistent sense of distrust
- Assigning tasks that cannot be completed in the time allotted on purpose
- Withholding necessary information from an employee
- Ignoring a person, isolating them from the group
- Reducing an employee’s authority or responsibilities
- Interrupting someone while they are speaking
- Obstructing job performance
- Sabotaging completed work
- Constant blaming and excessive criticism
- Assigning unnecessary or demeaning tasks
- Belittling an employee’s position
- Subjecting someone to sexual harassment
- Making verbal or written threats
- Humiliating with rude or abusive language
- Assigning work contrary to the employee’s role that undermines performance
- Disrupting normal routines and forcing unrelated tasks
- Stripping an employee of all decision-making authority
- Assigning another person to the same position alongside the employee
These and similar behaviors may be recognized as mobbing when they meet the other required elements.
What Are the Elements of Mobbing?
- The conduct must occur at the workplace or in places legally considered part of the workplace.
- It must be carried out in a regular, systematic manner.
- The behavior must be persistent and repeated.
- It must be intentional.
- The actions must aim to intimidate, marginalize or force the employee out of work.
- The conduct must cause harm to the employee’s personality, professional standing or health.