Workplace bullying is a serious problem that can have long-term negative effects on the mental and physical health of the victim. However, when this bullying escalates into systematic and long-term harassment or abuse, often referred to as mobbing or bossing, it can become not only an employment problem but also a criminal offence. In this article, we will look at when mobbing and bossing qualifies as a crime, what legal consequences it can have, and what victims can do to defend themselves.
Quick overview
Mobbing and bossing are not separate offences.
However, they can fulfil the elements of other offences.
Typically, they are blackmail, oppression or battery.
Employers must ensure equal treatment and a safe working environment.
The victim can defend themselves by bringing an employment tribunal or a criminal complaint.
Are you hesitant about whether conduct in your workplace has crossed the line? You can discuss the situation with our attorney. We can help you evaluate the situation and suggest next steps for resolution.
Mobbing is the systematic psychological abuse of an individual in the workplace by his or her co-workers. It is a long-term and repeated behavior that is intended to harm or completely remove the victim from the work team.
Bossing is then a specific form of workplace bullying carried out by a supervisor against an employee.
This type of harassment can include constant criticism, humiliation, deliberate obstruction of working conditions, or even public ridicule.
In practice, we often see that mobbing starts subtly – for example, by repeatedly questioning an employee’s work or isolating him or her from the work team.
Often clients turn to us only when the bullying has already had an impact on their health and they do not know how to deal with the situation and defend themselves against their employer. They are still hesitant about whether it is really bullying and whether they are just “exaggerating”.
The classification of mobbing and bossing as a criminal offence depends on the extent and intensity of the damaging behaviour and its impact on the victim. In order for workplace bullying to be a criminal offence, certain conditions must be met, including:
Workplace bullying can then be considered a criminal offence in the following cases:
The offence of blackmail takes place when the person bullying forces the victim to do, omit or suffer something, using violence, the threat of violence or other serious harm.
A criminal offence of battery takes place when the bullying causes the victim physical or mental suffering that requires medical treatment.
The offence of breaching the confidentiality of documents and other documents kept in private takes place when the bully unlawfully discloses or uses the contents of the victim’s documents.
The offence of making a dangerous threat takes place when the person who is bullying threatens another person with death, grievous bodily harm or other serious harm in such a way as to give rise to a reasonable apprehension for his or her own safety.
It is important to stress that Czech law does not have a separate offence of mobbing or bossing. Each case must therefore be assessed individually according to the specific conduct and its impact.
When faced with workplace bullying, people often don’t know where to turn. Not every workplace has conditions that provide the victim with a sense of security and that they will have someone to stand up for them. If you have any questions or concerns about workplace bullying, please do not hesitate to contact us. We will discuss the matter with you and suggest possible courses of action. We can also help you if you are facing a (false) accusation of bullying.
While the employment consequences of mobbing and bossing may include a warning, dismissal or other disciplinary action against the perpetrator, the criminal consequences are much more serious. Criminal penalties for workplace bullying can include:
In practice, we often see that victims of mobbing do not address the situation for a long time because they fear losing their jobs. However, the effects of long-term bullying can be much worse than a possible change of job.
In addition to criminal penalties, the perpetrator often faces civil actions, for example for damages or personal injury suffered by the victim.
If a victim decides to file a criminal complaint based on mobbing or bossing, it is important that they have sufficient evidence. Without sufficient evidence to back up their claims, it would be difficult for them to stand up in any court case. Evidence may include:
The process of filing a criminal complaint usually begins at the police station or prosecutor’s office. The victim should describe in detail all the circumstances of the case and present the available evidence.
As criminal proceedings can be time-consuming and stressful, it is advisable to take legal advice. Experts will save you not only a lot of time, but also nerves and help you to stand up in the process, whether you find yourself on the side of the victim or the accused.
Courts have a fairly wide discretion when deciding mobbing and bossing cases, especially when it comes to interpreting evidence and assessing the seriousness of the offence. Proper legal representation can make a significant difference to the outcome.
The most common mistake made by employees is that they do not address the bullying for a long time and have no evidence. It is important to keep emails, messages or testimony from colleagues for possible legal resolution.
There is no law in the Czech Republic that specifically deals with workplace bullying. These terms are not defined in Czech law. However, there are several laws that can be applied to cases of mobbing or bossing if bullying is considered a criminal offence. Key ones include:
Tip: According to a 2015 STEM/MARK survey, 54% of employees have been subjected to mobbing for more than 1 year, but only 63% have tried to solve the problem. If you witness or are a victim of bullying, don’t turn a blind eye to it and don’t be afraid to ask for help.
Evaluate all the evidence.
Assesses whether it is discrimination or a criminal offence.
Initiate communication with the employer to remedy the situation.
If necessary, prepare to file a possible lawsuit or criminal complaint.
Mobbing and bossing, as serious forms of workplace bullying, can have far-reaching consequences not only for the victim but also for the perpetrator. If these practices are classified as a criminal offence, they can lead to severe penalties such as fines, bans or even imprisonment. The employer also has a role to play in combating these forms of workplace bullying. It is their responsibility to put in place preventive measures that minimise the risk of mobbing or bossing in the workplace. If a situation arises where workplace bullying is a criminal offence, it is essential to act quickly and effectively. This will make it easier to obtain justice and, above all, prevent further harm to the victim.
Neither mobbing nor bossing are separately defined crimes in Czech law. However, if an act fulfils the elements of a criminal offence (for example, bodily harm, blackmail or oppression), it may be punishable under the Criminal Code. Criminal liability arises if the facts of the offence are fulfilled and the conduct is unlawful.
Mobbing refers to bullying between employees at the same working level. Bossing, on the other hand, is bullying by a superior towards a subordinate.
Yes, employers can be held liable, especially if they fail to ensure equal treatment or tolerate discriminatory behaviour. The legislation imposes a duty to ensure equal treatment and prohibits discrimination in the exercise of the right to employment.
One option is to contact the State Labour Inspection Office or the regional labour inspectorate. These authorities check compliance with labour law and working conditions and can check whether the employer is in breach of its obligations.
Yes. If bullying is motivated by, for example, gender, age, race, health or any other protected characteristic, it can be considered discrimination.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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