We spend a large part of our adult lives at work, so it is logical to think that this daily activity is to develop the best possible way. But it is not always the case, in recent years have increased cases of mobbing.
Mobbing laboral at work
What is mobbing at work? Meaning and definition
It is a situation in which a worker or a group of them perform actions of psychological violence that have the purpose of harassment of the victim, doing arise in her feelings like fear or discouragement and directly affecting their self-esteem.
What is mobbing at work? Features
To be able to talk about harassment, it is necessary that the conduct be continuous in time , and not a mere isolated fact.
The behaviors can be quite varied. The most common are related with insults and spreading rumors about the victim. Only in rare cases the harassment is carried out in physical form.
The common features that we find in many cases of workplace harassment are:
- Limitation of the communication of the victim.
- Limiting your social contact.
- Smear of the victim in front of peers.
- Debunking of his or her professional capacity.
- Commitment to the health, especially at a psychological level (episodes of stress, anxiety, etc.).
What does the law say about mobbing?
The increase of cases of this type makes us understand that this is not something isolated but of a real problem.
So much so that the Criminal Code already collects this type of behavior. Since the year 2010, the article 173.1 of this rule punishes those who, in the scope of an employment relationship or civil service performed against other acts hostile or humiliating that they pose a serious harassment of the victim.
The case law has qualified the legal provision establishing the four requirements that must exist to be able to talk of mobbing:
§ There is a harassment. That is to say, a chase or psychological violence directed against a person.
- The psychological violence is intense or serious.
- That the behavior is maintained in time.
- They are intended to harm physically or morally to the worker and to marginalize him and his work environment.
The law establishes the figure of the entrepreneur or management as the guarantor of the safety and health of workers. This implies that if knowing the situation of harassment does nothing in front of it, you will be able to demand accountability also to the entrepreneur.
The imprisonment which is imposed in these cases can range from six months to two years of duration.
How is the profile of the aggressor?
Often there will be people with traits of narcissistic very pronounced. The need of admiration and intolerance to criticism are characteristics present in the profile of the worker that harasses another.
It is also common that people with little empathy and little or no tolerance for frustration.
How is the profile of the victim?
It is very difficult to establish the profile of the victim in cases of harassment in the workplace, there are many reasons for which the stalker can put your focus of attention on a particular person. The most common are:
- Physical appearance.
- Social success.
- Good reputation in the company.
Any of these qualities can arouse the envy and the jealousy professionals that lead the aggressor to start the harassment.
Causes of mobbing laboral
As always, when we speak of any type of harassment, there is a cause which justifies the emergence of mobbing.
What is clear is that bullying often has little or nothing to do with the work performance of the victim. In the majority of cases are the interpersonal relationships between workers which give rise to the problem.
Consequences of mobbing
For the victim, the bullying situation can have consequences in the short, medium and even long term. The damage in the self-esteem and fears arising from a situation of this type may take years to disappear. Hence, in most cases, the most advisable is that the victim is put in the hands of professionals of the psychology that will help them to overcome the trauma.
Mobbing: how to survive psychological harassment and morality at work
To be able to deal with a situation of this type must dissociate themselves emotionally from the situations, and this requires a great mental strength that many times the victim does not have. So it may be necessary the intervention of a professional.
The first step is to detect the problem and be able to endure it. That is to say, to see one's self as a victim.
Once somatizado the problem is easier for the victim to understand certain feelings and behaviors that are developing: a feeling of sadness, anger, lack of concentration.
Be aware of what is going on is the first big step to take control and start to take steps to resolve the problem.
The psychological harassment in the workplace mobbing
One of the big problems of bullying is that it's not always easy to detect, even for the victim.
Some of the signs that indicate to us that we are in the presence of a possible case of psychological harassment are the following:
- Continuous samples of disapproval towards a certain person.
- He put motes.
- Spread of rumors.
- Allocation of tasks without any relevance.
- Don't talk to that person or to deny even the greeting.
All of these behaviors end up triggering a social isolation. In many cases, the victim is not really aware of what is going on until you get to this point.
When there is a situation of mobbing, the first effects that are manifested at the physical. It is natural that the victim begins to suffer from health problems that may seem minor but that are closely linked with the situation of tension which you live.
The physical reactions more common are the onset of headaches and migraines on an ongoing basis, stomach problems, alteration of tension, skin reactions, low back pain, and even contractures.
Depending on the degree of bullying and the mental strength of the victim the effects can be more or less noticeable.
A situation of harassment may result in insomnia, depression, anxiety and stress. In the most severe cases can come to appear phobias and traumas.
What is clear is that the entire harassment situation involves consequences to the victim, so it is usual that the same end up having to take the time off work.
But in addition, if the situation is known by other peers, can also affect them, even though they are not victims. That is to say, that in the end this is not an individual problem, but something that can affect severely the competitiveness of the company.
How to prevent mobbing in the workplace?
There is No doubt that when faced with a problem so serious it is necessary to take measures and, as always, prevention is better than cure.
The company is the main responsible for preventing this type of situations occur. For this reason it is advisable to give a good training to workers of all levels about the behaviors that are not allowed. It seeks to raise awareness about the seriousness of the mobbing.
In addition, it is always a good idea to try to create a work environment that is pleasant. This reduces stress levels and helps you have fewer misunderstandings and the relationships between the employees to be more healthy.
If there is a good communication at all levels can avoid the harassment or, in case they arise, to give them a brake as soon as possible. If the workers are aware and there is a fluid communication between the management and the employees, anyone who sees something suspicious can be reported.
Finally, also the worker who is the victim can avoid the harassment to go to more. It is best to report the situation as soon as possible to address the measures that are deemed appropriate in front of the stalker.
What to do and how to act before a case of bullying in the workplace
The first thing you have to do to combat the mobbing at work is to get tests.
As we will see later, the devices spy recording of image and/or audio you can help in this task.
In the second place to review the Collective Agreement of your company if there is a protocol of action in case of harassment in the workplace. If so, follow their directions. This is a medium very useful to defend against harassment in the workplace
In companies where there is a Health and Safety Committee you can go to the same to help you cope with mobbing. In case you have not, you can communicate directly to the representatives of the workers in the company. If not applicable, go directly to the address of the company.
You have many tools at your disposal to detect and overcome the harassment at the workplace.
Where to report mobbing laboral
Workplace harassment occurs in all kinds of groups, even among officials. In any case, the first step is to report it to the company or public agency for which they work. It does not matter if it is a case of workplace harassment between peers or between people with different hierarchical level.
It is logical for the employer to take action against the harasser. But if this does not occur so you can report the harassment to the Labour Inspectorate. An inspection will be made and will determine the measures that must be taken.
If nothing of the above works, you might consider initiating a judicial process to declare the criminal liability of the subject that you have been bullied and also the civil liability and the consequent damages.
Low by mobbing laboral
While the situation is resolved you can be in a situation of low medical if you have been affected physically or psychologically.
The Supreme Court has qualified this type of low as professional contingencies, to understand that it is a situation directly related to the job.
Another alternative is to ask for the voluntary resolution of your contract of employment with a right to be compensated as if it were a dismissal wrongful and to collect the unemployment benefit.
How do you prove bullying in the workplace?
If the problem has already arisen, you must try to stop it as soon as possible. It is recommended that the injured worker consult with the representatives of the workers and through them to report their situation to their immediate superior or to the management of the company.
The problem is that in order to take into account the victim it is normal to be required to present any proof, and many times these are difficult to obtain. The same thing happens when you try to prove the bullying or the bullying.
Luckily, technology can be of great help to prove it. If you're going through this situation this is what I have to do if you make bullying in the workplace: to get evidence to prove the harassment in the workplace. Then we will see how to do it.
Psychological harassment at work
The psychological harassment in the workplace is a situation far more frequently than we believe, and much more serious than you think people who adopt this type of behavior.
Belittling a person, not valuing your work and even ostracize them socially can cause serious damage to the psychological level. Damage that, in many cases, may be extended in time and even become a trauma if you do not receive specialized help.
Hence the importance of acting as soon as possible in case of detecting that it is being a victim of a conduct of this kind or even if we are not the victim, but we are witnesses of how a stalker acts against another partner.
Can I use cameras and tape recorders spies as evidence in a trial if they suffer from mobbing?
For an audio recording be admitted as evidence, it is necessary that the person recording is a party active in the conversation collection. In the cases of mobbing the recorded conversation is usually between the victim and the harasser, so this does not generally lead to a greater problem.
In the case of the video recordings can be somewhat more complicated, since the camera could have captured images of other people that have nothing to do with the conflict.
However, the case law is favorable sample to be considered valid as evidence the recordings and audio files presented in a process of mobbing. This is because in many cases they are the only means of proof with the victim.
The important thing in these cases is that the recorded image or audio, have not violated the rights of third persons.
Recorders spies to defend against harassment in the workplace
The bully tends to act so cryptic, making sure that no one more than his victim know what is going on.
This leaves the employee who suffers bullying work completely helpless, since there will never be witnesses and will have no way of demonstrating that the threats, insults and coercion are real.
A good alternative to obtain evidence that will serve to denounce the situation is to make audio recordings of what is happening.
Today, recorders are very small and discrete that pass totally unnoticed. Something as simple as a tape recorder built into a pen can become a key element to be able to prove the allegations of the victim in front of his pursuer.
Hidden cameras to detect mobbing laboral
In many cases it would be enough with a simple audio recording, but there are situations in which it may also be desirable to have a video.
As there are recorders spy, there are also spy cameras that are easily installed and whose presence is not perceived by others.
Types of mobbing laboral
You would think that a situation of harassment in the workplace only occurs between superiors and subordinates, but it is not so.
The reality shows that there are different types of harassment in the workplace. The most common are the following:
In a situation of this type is the hierarchical superior who is attacked by one or several of their subordinates.
Can be given with respect to a boss that already takes time at the company, but what is common is that to be with people who just assume a position of responsibility (whether or not they are new in the company). Hence many times they define this behavior as a “rejection of the new head“.
Here harasser and victim are of the same hierarchical rank. Many times the cause is the enmity, although behind it there may also be other factors such as attempting to blow away the competition when it comes to getting a promotion.
Also known as bossing, occurs when an employee is harassed by another that has a higher hierarchical level than him.
It is shown that, in many cases, what lies behind this conduct is to try that the worker harassed voluntarily abandon the company and that the same do not have to pay compensation for dismissal.
Difference between mobbing and bullying labour
In reality they are two sides of the same coin. Mobbing is used to refer to harassment in the workplace, while the term bullying refers to the harassment, but within the school environment.
As the behaviors are similar, although they occur in different scopes, in the end we have mixed concepts and has emerged the term bullying to work, which is nothing other than another name for the mobbing or harassment in the workplace.
Mobbing or harassment in the workplace
At this point we're going to do a brief review of this concept:
§ The term refers to the psychological harassment or moral (in some cases even physical) that occurs within an employment relationship.
§ It can occur between people of the same hierarchical level, a subordinate to their superiors and vice versa.
§ There are usually more of a stalker, or the same account with the connivance of other colleagues to stay away.
§ There is No particular reason for the emergence of the harassment, but the victim is usually a person who arouses envy.
§ Just creating problems of stress, anxiety, suicidal thoughts, depression, and employee turnover and multiple problems at a psychological level.
Workplace harassment-mobbing according to the psychological perspective
The term emerged in the 90s in the north of Europe, although this type of harassment in the workplace may have occurred always.
Today mobbing is considered a real problem that affects victims on a psychological level. In fact, the vast majority of them require specialized help in order to overcome what has been lived.
Problems like lack of self-esteem or lack of confidence in others can lead to the victim to isolate themselves socially within and outside of work. In the most severe cases, even generates an inability to return to the labour market.
Mobbing at work: case law
The cases of harassment in the workplace have increased in recent years. Today, it is unlikely that the Courts will have to resolve conflicts related to this topic.
Statements by mobbing laboral
It is interesting to a recent judgment of the high Court of Justice of Madrid, on the 3 of may of 2018 that highlights the essential elements so that we can talk about harassment in the workplace:
"The "mobbing" always requires two elements, one subjective , which is integrated by the intent of the harasser to get a damage to the bullied to the one who meant his attitude intimidating by the most varied forms of pressure and psychological (such as isolation from co-workers, spreading rumors insidious, verbal putdowns, or harassment insulting?.) and another target element integrated by systematically and prolongation in time of the conduct directed at the purposes of intimidation of harassment and pressure, before mentioned."
Interesting is also the judgment of the Court Superior of Justice of Castile and Leon on may 31, 2018 that qualify the harassment suffered by a teacher by a student as a work-related accident.
The supreme court estimated that the episodes of anxiety and depression suffered by the teacher are directly derived from the situation experienced in their work, to the point of giving rise to low labour.
The mobbing in a serious situation, but there is a solution
You have already seen that even if it is a major problem whenever there are departures for him. Our recommendation is that if you are being harassed take action as soon as possible.
Remember that in any case this kind of situation is your fault. You are the victim and it is you whom the law protects, does not hesitate to denounce what is going on.
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