Workplace bullying: what are the employer’s obligations?

Chapters of the article

• What is mobbing?
• The legal framework of workplace bullying among colleagues
• What statistics say about mobbing
• How to prevent bullying among colleagues
• Employer obligations in the event of mobbing
• Are you allowed to terminate an employee for bullying?
• Summary

What is mobbing?

Mobbing(workplace bullying between colleagues) is systematic and repeated pressure on employees by other workers. Workplace bullying includes various forms of harassment, discrimination, humiliation or isolation. Co-workers insult the victim, prevent them from performing their tasks, deliberately spread rumours about them, threaten them or sexually harass them.

The aim of mobbing is to undermine the victim’s mental and physical health and work ability. Mobbing can lead to serious health problems such as stress, anxiety, depression or even suicidal tendencies and is often a factor in company turnover.

The legal framework for workplace bullying among colleagues

In the Czech Republic, mobbing is not explicitly defined in one specific law. However, it is covered by several legal provisions that protect employees from workplace bullying.

1. Duty to provide a safe and healthy working environment
   • Under the Labour Code, the employer is obliged to ensure that the workplace is safe and does not endanger the health of employees. This includes the prevention of bullying and violence in the workplace.
2. Obligation to take measures against discrimination and bullying
   • In addition, the employer must take measures to prevent discrimination in the workplace and therefore must also prevent bullying. It must ensure equal treatment of all employees.
3. Duty to investigate complaints
   • An employer must properly investigate any complaints of bullying. They must ensure that complaints are investigated fairly and thoroughly and take remedial action where appropriate.
4. Duty to train staff
   • The employer must also regularly train employees in occupational health and safety, which includes information on how to recognise and respond to bullying.
5. Obligation to establish internal rules
   • The employer should have internal policies and procedures that address bullying in the workplace. These should be part of the company’s work rules or code of conduct.
6. Duty to cooperate with trade unions
   • If the company has a trade union, the employer has a duty to cooperate with the union to ensure that employees are protected from bullying and to address any complaints.
7. Duty to compensate for injury
   • If the employer fails to prevent bullying and the employee suffers harm, the employer may be obliged to provide compensation for damages or non-pecuniary harm.

Under the Labour Code, employees have the right to equal treatment, which includes protection against discrimination and harassment. The Labour Inspection Act introduces obligations on employers to ensure safe and healthy working conditions, and the Public Health Protection Act includes protection against stress factors in the workplace, i.e. mobbing.

What statistics say about mobbing

As tension and aggression in society increases, so does the number of workplace conflicts. Bullying does not only affect immature individuals in schools, but occurs in more or less every team, including work ones. It is not surprising that not only in the Czech Republic, this issue is being discussed more and more frequently and is becoming a subject of interest not only to experts but also to the general public.

According to the latest surveys, mobbing in the workplace is on the rise. Studies show that approximately 10 to 15% of employees experience mobbing at least once in their careers. Specifically, a survey conducted by STEM/MARK in 2022 clearly shows that 13% of Czech employees have experienced some form of workplace bullying. Other studies confirm that mobbing has a negative impact not only on the victims but also on the entire organisation, including reduced productivity, higher employee turnover and increased healthcare costs.

How to prevent bullying among colleagues

As an employer, you have a key role to play in preventing and dealing with workplace bullying. This is not a voluntary activity, but a statutory obligation. In fact, the law requires employers to take an active approach to protecting employees from bullying. So what specific steps should you take as an employer to prevent mobbing?

1. Create and implement a clear anti-bullying plan
   • Right from the start, you should develop a very clear and understandable anti-bullying plan. This written document should include a definition of mobbing, examples of unacceptable workplace behaviour towards others and procedures for reporting and dealing with incidents. Then make it available to all employees, explaining each point with specific examples so that everyone can really understand it. Of course, update the document regularly. Also have it checked by a lawyer to make sure you are not overstepping the bounds of the law.
2. Train staff and management
   • Regular bullying prevention training is essential to maintaining a calm atmosphere in the workplace. Although management plays a vital role, you need to ensure that all employees are trained. While managers will appreciate training on how to spot bullying early and how to deal with it effectively and sensitively, everyone should know what mobbing is and what the company’s procedures are for reporting incidents.
3. Provide safe channels for reporting
   • Bullying is a very tricky and sensitive topic. By the time the victim decides to deal with the situation, they are often at their wits’ end. As an employer, you should therefore provide the safest possible way for an employee to report mobbing. Ideally, you should set up anonymous mailboxes, a dedicated phone line or designate a contact person who has been trained to receive and deal with complaints. Employees must feel that whichever channel they choose, they do not have to worry about simply making the situation worse.
4. Rely on regular communication
   • Establishing regular conversations between all employees and an HR manager or an external employee can help you detect early on that inappropriate behaviour is occurring in a department. Encourage a healthy work environment where employees feel safe even when they express concerns or dissatisfaction, and where criticism is seen by all as an opportunity for growth. Anonymous questionnaires and regular appraisals will give you insight into the deeper structures of your company and encourage prevention.

Employer’s obligations in case of mobbing

If you receive a complaint about workplace bullying, you as an employer should act quickly and objectively. What steps to take?

1. Investigation and documentation
   • After receiving a complaint, investigate the matter thoroughly. Conduct interviews with the victim, witnesses and those accused of bullying. Carefully document and preserve all information and any evidence in case it needs to be turned over to law enforcement.
2. Protecting the victim
   • At the same time, take measures to protect the victim. The whole matter should, of course, be conducted “behind closed doors” until it is clarified. If necessary , provide the victim with appropriate support, for example in the form of legal or therapeutic counselling. You may also decide to temporarily relocate those involved to prevent further contact while the situation is investigated.
3. Taking action
   • Based on the results of the investigation, take appropriate measures such as disciplinary action against the aggressor, changes in working practices or other preventive measures to prevent a similar situation from recurring. Nothing is to be overdone; measures should be proportionate to the seriousness of the incident and should act primarily as a preventive measure.
4. Communication and feedback
   • As an employer, keep the victim and other stakeholders informed of the progress of the investigation and the measures taken. Good feedback will keep your employees feeling confident in the process and show that you are genuinely trying to resolve the incident fairly and prevent a recurrence.

Can you terminate an employee for bullying?

If bullying in the workplace is so serious that it has a negative impact on the victim’s ability to work and mental health, you can resort to dismissal. However, dismissal on the grounds of bullying should always be the last step after all other efforts to resolve the situation have failed. As an employer, you must, if necessary, show that you have exhausted all available means to deal with the bullying and that dismissal is justified. In any event, always consult a lawyer beforehand to avoid unnecessary complications and delays. Employment law is a broad area in which it is easy to get lost without an expert.

Document all the steps you have taken to address bullying in your company. Inform the employee of the reasons for his or her dismissal and give the employee an opportunity to comment on the termination. If possible, provide as much support as you can to help the employee leave and find new employment.

Summary

As an employer , you have a legal and moral duty to protect your employees from bullying. This includes prevention, early recognition of problems, dealing with complaints promptly and fairly, and providing support to victims. The key to success is to create a healthy work environment where bullying is unacceptable and where everyone is aware of their rights and responsibilities as an employee.

Implementing an effective anti-bullyingpolicy not only protects employees but also contributes to higher productivity, a better working climate and overall employee satisfaction. Ultimately, preventing mobbing is not only beneficial for employees, but also for employers, as a healthy work environment promotes the long-term success of the organisation.