When is mobbing and bossing a crime? A legal perspective on workplace bullying

Chapters of the article

• What is mobbing and bossing?
• When is mobbing and bossing a crime?
• Employment and criminal consequences of mobbing and bossing
• How to file a criminal complaint and what evidence is needed?
• What laws apply to mobbing and bossing?
• Summary

What is mobbing and bossing?

Mobbing is the systematic psychological abuse of an individual in the workplace by their co-workers. It is a long-term and repeated behaviour that aims to harm or completely exclude 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.

When is mobbing and bossing a crime?

The classification of mobbing and bossing as a criminal offence depends on the degree and intensity of the damaging behaviour and its effects on the victim. In order for workplace bullying to be a criminal offence, certain conditions must be met, including:

• Intent to cause harm: The perpetrator must act with the clear intent to harm the victim. This distinguishes mobbing or bossing from ordinary workplace conflicts, which can arise in the course of dealing with day-to-day issues and can even lead to dismissal from an employer.

• Repeated and long term: one-off incidents are generally not sufficient to constitute a criminal offence. The key is that the behaviour must be repeated over a long period of time and be intended to systematically harm the victim. Bullying is generally defined as inappropriate behaviour towards another that takes place at least once a week for six months.

• Severity of consequences: to qualify as a criminal offence, workplace bullying must have serious consequences for the victim. This may include psychological or physical harm, loss of employment or significant impairment of quality of life.

Workplace bullying can then be considered a criminal offence in the following cases:

Bullying as a crime of extortion

The offence of blackmail takes place when the person bullying forces the victim to do, omit or suffer something, using violence, threat of violence or other serious harm.

Bullying as a criminal offence of bodily harm

A criminal offence of battery takes place when the bullying causes the victim physical or mental suffering that requires medical treatment.

Bullying as a criminal offence of breach of secrecy of documents

The offence of breaching the confidentiality of documents and other documents kept in private takes place when the bully wrongfully discloses or uses the contents of the victim’s documents.

Bullying as a criminal offence of making dangerous threats

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.

Employment and criminal consequences of mobbing and bossing

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:

• A fine: If the perpetrator is found guilty of the crime of workplace bullying, the court may impose a fine. The amount of the fine depends on the seriousness and consequences of the offence.
• Imprisonment: In more serious cases, the perpetrator of bullying as a criminal offence may even face imprisonment, especially if the victim’s health has been seriously damaged or if the aggressor has committed the act in a particularly insidious way.
• Prohibition from working: the court may also decide to prohibit the pursuit of a particular profession if it is proven that the perpetrator has abused his or her employment position to commit criminal acts.

In addition to criminal penalties, the perpetrator often faces civil actions, for example for damages or personal injury suffered by the victim.

How to file a criminal complaint and what evidence is needed?

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 allegations, it would be difficult for them to stand up in any court case. Evidence may include:

• Records of communication: emails, text messages, or other forms of written communication that may show that the accused actually committed the bullying.
• Colleague testimony: Testimony from co-workers who witnessed inappropriate behavior may also be key to proving systematic harassment and other forms of bullying.
• Medical reports: The victim should gather related medical documentation, specifically evidence of medical problems caused by workplace bullying, including reports from psychologists or psychiatrists that demonstrate the negative impact on mental health.

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.

What laws apply to mobbing and bossing?

There is no law in the Czech Republic that specifically deals with workplace bullying. These terms are not defined in the Czech legal system. 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:

• The Criminal Code contains provisions that may be relevant to workplace bullying as a criminal offence. Specifically, mobbing or bossing may qualify as a crime of oppression (section 177) or battery (section 146) if physical or psychological harm to the victim occurs.
• The Employment Act sets out the obligations of employers to prevent workplace bullying. Its violation may also lead to criminal consequences, especially if the employee’s health is harmed.
• The Anti-Discrimination Act can be invoked if the mobbing or bossing is motivated by discrimination (e.g. on grounds of sex, race, age, etc.). Then workplace bullying can also be qualified as a discrimination offence.

Summary

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.