Bullying in the context of labour and criminal law

Bullying, as a phenomenon of employee harassment, is regulated by both the Labour Codeas well as Penal Code. Victims of bullying can assert their rights at various levels, which provides them with protection against this type of situation.

I. Bullying in the Labour Code

According to Article 94(3) of the Labour Code, the employer has a duty to prevent bullying. Bullying is defined as persistent and prolonged harassment of an employee that leads to:

  • a reduction in his assessment of his professional suitability,
  • humiliation, ridicule,
  • isolation from the team.

An employee who has experienced bullying has the right to:

Compensation - if the harassment has caused health disorder, the employee may claim an appropriate amount as compensation from the employer.

Damages - in the event of termination of the employment contract due to mobbing, the employee is entitled to compensation, which may not be less than the minimum wage.

It is worth remembering that victims can also report the case to the State Labour Inspectorate, which may result in an inspection of the employer.

II. Bullying in the Criminal Code

Under criminal law, bullying can be qualified as a criminal offence. According to Article 207 of the Penal Code:

Mental or physical abuse over a person close to or in a relationship of dependence is a capital offence:

  • punishable by imprisonment of between 3 months and 5 years,
  • and, in the case of an indigent person, from six months to eight years.

Particular cruelty - if the perpetrator acts with particular cruelty, the penalty can be up to 10 years in prison.

Tragic consequences - where the effect of the bullying is to cause the victim to bargain for his or her own life, the perpetrator faces 2 to 15 years' imprisonment.

The matter can be reported to the police or the public prosecutor's office - which may result in criminal proceedings against the perpetrator.

Summary

Bullying is a serious violation of the law, which has a dimension of both civilas well as penalty. Victims have the right to seek justice and demand compensation and punishment from the perpetrator. It is worth enlisting the help of a lawyer to successfully defend your rights and obtain due protection.