In this article we will teach you the best voice recorders spies and hidden cameras to demonstrate workplace harassment in a trial, with evidence! Because in the face of the workplace harassment, the security cameras are a very useful tool.
In the Spanish Constitution recognizes the right of all people to physical integrity and personal dignity, and professional. And harassment in the workplace violates that freedom. That is why it is so important to fight against this situation that affects more people than we can imagine.
So that you can accuse someone of harassment at work or mobbing is to prove reiteration of the situation is not that has happened a single time. So, if it occurs frequently, it can prove in a trial contributing to many recordings of audio or video as proof.
How do I prove harassment at work? How to defend against?
The evidence of harassment must be clear and demonstrate a hostility or intimidation that is repeated along the time repeatedly. If you meet the legal requirements of harassment, it only remains to get a test to prove it before a judge.
In look out collaborate in the fight against workplace harassment. We offer products of high quality and that are totally valid in any trial, even if the opposing party requests an expert to prove the authenticity of the recordings (with the goal of dismissing the evidence).
Our recorders have a digital footprint that fully identifies the device used. All recordings have a unique brand to know if they have been tampered with or not. Are of mark TS Market.
The recorders that we sell are used by security professionals, and research like detectives and police officers. Are from the brand LawMate, of which we are the authorized dealers. Have a stamping on the image that indicates the product serial number and a counter of images
The question now is to know to choose the recorder or the camera ideal for demonstrating the mobbing.
But not get ahead of ourselves, before you know how to obtain evidence, we must make an approach to the figure of harassment in the workplace.
Workplace harassment in the Penal Code
Is the article 173 of the Penal Code which criminalizes this conduct. This article tells us literally that
“Commits this offence who, in the scope of any employment relationship or civil service and prevaliéndose of its relation of superiority, made against another repeatedly acts hostile or humiliating that, without constituting degrading treatment involve serious harassment of the victim.”
But we should clarify. The case law has admitted that the harassment can be committed also through behaviors omisivas.
For example, if you repeatedly and maliciously your boss does not comply with their function and don't assign tasks to do or if directly a partner speaks to you and doesn't make you important information about your work.
It is clear that a law may not collect all of the situations that can arise in reality, that's why the case law is going in the process of tinting the legal precepts.
Requirements for there to be bullying labour
To this day, for there to be bullying work must comply with the following requirements. It is important to know them if you want to know how to report workplace harassment of a colleague, because if they are not met, the complaint will not prosper:
§ You must be in the scope of an employment relationship for others.
§ It is not enough that an act timely, it must be a behavior with a certain familiarity. The Supreme Court explains that the harassment must be systematic and repeated.
§ You must be intent on the stalker. That is to say, with the will to cause harm to his victim. Not supported a workplace harassment reckless or that is the result of chance.
There are many behaviors that can constitute harassment, by way of example, we will highlight some recognized by the Provincial court:
§ Attacks against the private life of the victim.
§ The verbal abuse.
§ Spreading rumors against a person.
§ Limitation of the possibilities of communication.
§ Social isolation.
Types of harassment in the workplace according to Law 1010
The concept of workplace harassment or mobbing was coined in the nordic countries in the 90s of the last century and has been spreading gradually through Europe, to be a term fully accepted.
What is certain is that the harassment in the workplace is nothing new, and nor anything of their own in certain cultures, what we can observe in any place of the world.
In fact, there are already countries that have their own legislation on this topic. A good example is the Law 1010 of 2006 of Harassment in the Workplace enacted in Colombia.
This standard defines the mobbing as “any conduct persistent and demonstrable, exerted on an employee by an employer, a boss or hierarchical superior, immediate or mediate, a coworker, or a subordinate, directed to inspire fear, intimidation, terror and distresses, to cause harm to job, generate demotivation in the workplace, or induce the waiver of the same“
When we speak of moral damages for harassment in the workplace , this standard makes reference to the same can be caused by different situations that give rise to talk about various types of harassment.
§ Mobbing horizontal: when the situation of harassment occurs between peers that are at the same hierarchical level.
§ Mobbing down: the damage caused by a person (or several) that have a hierarchical level higher than that of the victim.
§ Mobbing up: here the victim is the hierarchical superior and the bullies are his subordinates.
This same classification is used in all places. Also in Spain we talk about these types of harassment.
This is important to keep in mind, since many people think that harassment can only occur from bosses to employees. We have just seen that this is not so. The conduct is also punishable if it is between persons that are at a same hierarchical level and even if it is the head that looks harassed by their employees.
Profile of a bully labor
To define the profile of the victim of mobbing is very complicated, since none of us are free from becoming the object of the evil intentions of a stalker.
However, if we look at the profile of the stalker if we find many common traits in people who develop this type of behavior.
The psychological profile of the bully at work is something that has been studied extensively. One of the most comprehensive studies we owe it to Tim Field, a prominent activist in the british anti-harassment, that she even came to coin the term “bullycide” to refer to those cases in which the mobbing was so strong that he carried the victim to take his own life.
Field described the personality traits that can be found in a stalker:
Does not hesitate to distort the truth to victim-blaming of all their ills and put others against you. The stalker is comfortable sailed into the lie, even the personality you show to the other is usually a fiction.
Has a lot to do with the above. Behind a bully there is never a good person, but is able to hide it perfectly. In fact, it is possible that your peers see you as a lovely person, except the victim, of course.
False appearance of safety
What we also see in the cases of bullying, the bullies or bullies are actually people with a low self-esteem and very unsure of herself. Found in the to laugh at and make fun of others a way to hide that lack of self-esteem and thus get to be the center of attention.
Personality controlling, and vindictive
Stalkers tend to obsess over things and people. Are very drivers, and if you feel aggrieved, do not hesitate to do whatever it takes to get revenge.
The bully never anything of what others are doing seems ok. But does not emit criticism construtivas, but rather the opposite. All your comments are directed to cause discomfort.
The volatile personality of these subjects makes you irritated easily. You are not able to see their flaws and that's why they react badly if they feel attacked. From here stems the following feature.
The frustration and the great rage that leads into a stalker lead him to show a personality that is violent.
The complex personality of the bully
About the personality of the bully have been written, rivers and rivers of ink. In reality, all of these traits are applicable to stalkers at all levels, not only within the scope of employment.
In numerous studies, we can see how they speak of personality perverse, absolute lack of empathy, absence of remorse, personality seductive, inferiority complex, pathological personality, etc
All of this allows us to see that dealing with a bully is something really hard. Therefore, it is best to avoid direct confrontation and to bet for reporting the facts in a formal way.
Can I report workplace harassment?
It is not possible, is that it should be reported. So if you are the victim as if you are aware of someone in your working environment is having this problem.
Where to report harassment in the workplace?
Society and business have been concerned in recent years about the seriousness of this problem. What good of this situation is that now there are more defense mechanisms.
In fact, there are already many companies that have their own action plan that is put in place in the event of allegations of a possible case of harassment. In other cases, this contingency plan what we planned directly in the Regulatory Agreement that is applicable.
Report the bullying to the Health and Safety Committee of the company
The cases of bullying in workplace may be reported to the Health and Safety Committee of the company , or to the representatives of the workers in the company.
The good thing of using this channel is that accounts with the support and advice of people who know about the topic. Not feeling alone helps the victim to make the decision to move forward with the process.
Another alternative is to communicate the facts directly to the address of the company. It is more advisable in this situation is to make a formal communication in writing describing the facts and requesting a meeting to explain the issue personally.
The employer is the guarantor of the safety of its employees and we do not refer only to such matters as proportional to a chair with an ergonomic back, or a helmet if you are in a work. The psychological health of workers is essential and the employer must take care of her.
This means that you must take action if you are unaware of that may be producing a situation of harassment.
The logical thing to do in these cases is to listen to both parties, analyse the evidence and take measures that are deemed appropriate: punish the harasser, change to the victim or the harasser's department to not have to work together, firing at the aggressor, etc
Report the harassment to the Labour Inspectorate
Although the company does not have a plan of action against workplace harassment must take action. If it does not, the next step is a complaint to the Labour Inspectorate.
This public agency will not hesitate to act and will carry out a surprise inspection in the company in which, among other things, will consider the complaint of harassment.
If it considers that the company has not acted properly and has not protected their workers, will impose the relevant sanction, and will tell you the steps you should take to tackle the problem.
And if after all this still not fix things, there is always the option of reporting to the stalker through the criminal proceedings. This could end with him in jail.
Also, you should not hesitate to ask for a compensation for civil liability to compensate the victim for damages suffered. If the company has not acted properly, even she can be held responsible to pay part of the compensation.
In the case of public employees (civil servants) can be made to the contentious-administrative if after three months of having communicated to his superior the harassment has not received a response.
How to file complaints for harassment in the workplace?
To report the facts just communicate what has happened. But here the victim is found with a big problem, if you do not have evidence proving the facts narrated, no one is going to believe.
On the other hand, before you begin the process of complaint it is important to seek advice well. You can consult with the representatives of the workers, or even with the union if it is affiliated to one.
What never comes wrong in these cases is to rely on the legal advice of a specialist in law.
Sample letter of complaint for harassment in the workplace
Earlier we pointed out that to communicate the facts to the address of the company it is better to do so through a written document.
This communication is critical and even can be used later as evidence in the trial in case it gets to him. You must do this in writing even in those cases in which the employer is the harasser or are concealing the same. The self-employed should keep a copy of the letter that has been sent.
The letter to report workplace harassment must include the following data:
§ Identification of the person to whom it is addressed.
§ Identification of the person who drafts the document.
§ Identification of the person accused.
§ Description of the facts.
§ Request for response.
Here we reproduce an example of sample letter to report bullying that you can use if you need, you will only have to change the data:
June 14, 2019
To the attention of the chief of staff:
My name is XXXXX XXXX XXX. Story with an age of X years at the company and currently hold the position of XXX in the department of XXX.
By the present I put in your knowledge that the employee Gift. XXX XXX XXX, which develops his work as a XXX in the department of XXX, maintains an attitude of harassment towards my person, making me a victim of attitudes that harm my moral integrity.
For this reason I present in this document a formal complaint and manifestation of my total incoformidad with the attitude of the lord XXX XXX XXX.
In the same way, I now make the formal request that this complaint be treated in the most discreet way possible.
Thanking you for your attention, I await your prompt response.
Receive a cordial greeting,
XXX XXX XXX
Can I report workplace harassment without evidence?
The principle of the presumption of innocence tells us that we are all innocent until proven otherwise.
To report a fact with the only evidence of the word of the victim against that of the person complained of gives rise to a process that has little chance of success. Therefore, we must try to get evidence of what is happening.
How to get evidence to report workplace harassment?
The big problem with this type of behavior is normally carried out when there are no witnesses or the stalker, he does it in front of people that you know you are going to protect.
This implies that the victim has to seek alternatives to obtain evidence of what is happening.
May be a good idea to save the e-mails or text messages if they carry out demonstrations of harassment.
But without a doubt the most effective option nowadays to obtain evidence of harassment in the workplace is to use devices spy.
The cameras and tape recorders spy can easily hide anywhere and go completely unnoticed. Through them you can obtain information that is then used as a test.
It is true that at the time of using this kind of devices are out there to go with care, but the jurisprudencia are in favour of accepting the audio and video captured as proof in cases of mobbing. Precisely because it is understood that in many cases this is the only way to get proof of what is happening.
Not to accept these files as a test would leave the victim totally helpless.
The top 3 voice recorders to prove harassment in the workplace
In our shop you have at your fingertips several different types of voice recorders, but we have selected for you the best to prove the harassment in the workplace.
Mini recorder spy smallest in the world
This mini recorder is the smallest in the world and offers some special features to make the best recordings of the voice. Possibly the best recorder spy to prove the harassment in the workplace.
It is equipped with a microphone of high gain and is very easy to use. You can adjust the quality and other options with the software you have. Consumes very little and is active with the voice to record only when you want to. It is very easy to set up.
You do not have a rechargeable battery and its internal flash memory is only 4GB capacity. The software to configure it only works on Windows, so if you use Linux or Mac you'll need to use an emulator or virtual machine to use it.
You need this recorder if you want a great deal of autonomy and you have to hide it in some corner very small.
Recorder spy Soroka 14E
The recorder professional spy is also very small and can easily hide in clothing or any utensil that you use regularly on the job.
Its size is very small and is easy to hide in plain sight. You can record over 1000 hours of audio with a microSD card. Allows you to record very loud sounds and amplify the weak thanks to their auto gain control. You can schedule the recording for a time and date specific or by sound activation. You have the choice.
Because it is a recorder very sophisticated, its price is in relation to the value that it offers and that is why it is more expensive than other burners easier.
You are interested in if you want full control of the quality of the recording and you need to schedule your operation at specific times to prove the harassment in the workplace.
Recorder spy A77
The mini recorder spy EDIC is almost as small as a pin, and weighs only 9 grams. It was also a Guinness Record. So that you can carry it almost anywhere without drawing the attention of the stalker.
It has an autonomy of 55 hours in continuous mode and you can record with it to a distance of 12 metres. His mic high gain allows you to modulate your amplification easily. You can protect the device with a password to prevent other people from accessing the content.
It has a built-in flash memory of 4Gb which only allows you to store up to 150 hours of recordings.
You are interested in this recorder if you don't know when there will be harassment and you need to be recording for several hours until the situation.
The top 3 spy cameras to prove harassment in the workplace
With an audio recording may be sufficient, but if you also get a test video will have more weight in a trial. Below we will show you the best spy cameras to prove workplace harassment.
Weather station spy PV-TM10FHD of LawMate
With the spy camera camouflaged in weather station you will be able to demonstrate the mobbing from your desk or desktop with no problems. It is very discreet and no one will think that it contains a hidden camera inside.
You can start recording only with motion detection and to make as much videos as photos. Choose between two different resolutions: one in Full HD and another lower for if you want to save battery. No installation needed.
Your angle of vision is not very large: 66 degrees. It has a autonomy of a reduced (3 hours approximately), although in the sleep mode can be turned on up to 9 days.
You may be interested to this camera if you want to prove the bullying in an office job or on the table of any employee or officer.
Fake mouse spy with PIR sensor
If you work in a table, and with a computer, you are interested in this camera hidden in the wireless mouse because it is very unobtrusive and useful.
It features a PIR sensor to activate recording when motion is detected. The 5 Mp camera offers a resolution of 720p.
Does not work as a real mouse, so you'll have to keep up appearances if you don't want that suspect.
You can also be very useful to prove the harassment in the workplace if you work continuously coupled to a computer, and is where you get the harassment.
Spy camera custom box of paper clips
We love this spy camera hidden in a box of paper clips because it is so ingenious that one would never guess what is inside.
It is very easy to place on almost any site. Record in HD and is very easy to set up. Have included a memory card SD 64gb formatted in FAT32.
Your battery does not have a lot of autonomy. And if your partners begin to take clips out of the box, you can get the camera out in the open.
You are interested in this camera if you want to get evidence of bullying in your office work.
Other considerations on the crime of harassment in the workplace
The workplace harassment was an unknown for many people until a little over a decade. But what is certain is that the cases of harassment in the workplace are nothing new and have always given.
The fact that legislation and case-law have treated this matter shows us that it is a genuine social problem that needs to find a solution.
Expenses of reporting workplace harassment
Earlier we pointed out that to bring to fruition a case of this kind it is best to have a good legal advice that, logically you will have to pay.
But not to see it as a drawback. If you succeed in proving that harassment has occurred, the party convicted should face the coast. That is to say, to pay for all the costs of the judicial process.
Add to this that in these cases a compensation for civil responsibility. As we will see below.
Calculate compensation for workplace harassment
We will distinguish two different assumptions, the compensation that you're entitled to it in the workplace if you leave your job and the compensation that you're entitled to it by civil liability.
Workers ' compensation
If you have been a victim of mobbing, it is possible that you will not find at ease in your job and with your colleagues, even though they no longer have contact with the stalker.
The labour law provides that in these cases, if you leave your job voluntarily to the house of the stress and the discomfort that brings you the harassment you have the right to compensation. This is a novelty, since it is usual that if you leave the job do not charge anything.
It is understood that in these cases you're not really leaving the work voluntarily, but that such a situation of harassment is ?forcing? to a certain extent in this.
That is why the employer must pay the indemnity that you should charge if you had been the subject of an unfair dismissal. And, in addition, you have the right to collect the unemployment benefit.
If reporting the facts in court you have the right to ask for compensation for the suffered damages. Such damage must be accredited through examinations.
Psychiatrists and psychologists forensic will evaluate your situation to determine the damage that you have suffered and the severity of the same. On that basis, it will make a valuation of the compensation that you're entitled to it.
Forum of victims of harassment in the workplace
For the victim to realize your situation is a huge step forward towards improving and solving the problem. It also helps much to be able to share the experience with people who have gone through something similar.
Nowadays, there are many forums in which these issues are addressed. By way of example we recommend acosomoral.mforos.com, specialized in this topic, and you can find a wide range of information. Also mundopsicologos.com you have a forum in which to discuss these issues.
Blogs about workplace harassment that we recommend
If you want to continue reading on the subject please do not hesitate to take a look at these websites:
Harassment in the workplace statements example
By way of example of what is involved in a case of mobbing we emphasize the judgment of the supreme court of Andalusia of date 21/05/2015 on dismissal of a worker who had formed part of the Committee, on behalf of the trade Union UGT, and that during his tenure as union representative, had already tried to dismiss by disciplinary dismissal. Declaring null and void his dismissal, the company had to readmitirle and since that time the worker suffered harassment.
The court considers that the worker “has suffered a real workplace harassment, not by providing effective occupation, or even a work schedule, and having a follow-up end on the part of his superiors that led to the various crises of anxiety, following a treatment of anti-anxiety and and must be attended on several occasions to the emergency room, being diagnosed reaction adaptive eager, secondary to work-related stress, to be again dismissed with an effective date of June 12, just 20 days after its incorporation”.
Put brake on workplace harassment
Like the bullying or the bullying, workplace harassment is a serious issue and we are very involved with the people that have to prove it. That's why we offer you the best devices to do justice and maintain the personal dignity and professional.
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