The Invisible Wound of Working Life: Mobbing (Psychological Harassment) and the Employee’s Legal Remedies

Today, the business world is run not only with physical labour but also with an intense psychological process. However, not every competitive environment is "healthy". The unethical approaches that one or several people at a workplace systematically apply to a particular person are defined in legal literature as Mobbing. So, which behaviours count as mobbing, and what should an employee facing this situation do?

1. The Criteria Required for a Behaviour to Count as Mobbing

Not every workplace argument or every harsh management style is mobbing. In light of the Court of Cassation and international norms, for an act to be accepted as mobbing it must carry the following elements:

Continuity: The acts are not coincidental but spread over a certain period of time (generally at least 6 months).

Being Systematic: The behaviours are repeated in succession and serve a particular purpose (to intimidate the employee, to force resignation).

Targeting the Person: The exclusion of the employee, the unjust restriction of their powers, or being assigned tasks far below their competence.

2. Signs of Mobbing: What Might You Encounter?

Mobbing most often does not involve physical violence; it is a psychological siege:

Exclusion from social life (not being invited to meetings, isolation of one's desk).

Unjust and constant criticism of work performance.

Verbal harassment, insinuations or humiliation in front of others.

Being assigned tasks far below one's capacity in a way that undermines the employee's self-confidence.

3. Means of Proof Against Mobbing: "Proving the Invisible"

In mobbing cases, the greatest difficulty is the stage of proof. However, aware of the difficulty of this situation, the legal system provides an "ease of proof". We advise our clients to make the following preparations:

Mobbing Diary: Noting down the events that occur, specifying date, time and place.

Digital Evidence: E-mails, WhatsApp messages and other digital records.

Medical Reports: Doctor's reports showing the psychological or physical effects of the stress experienced.

Witness Statements: The testimony of colleagues who witnessed the events.

4. What Are the Employee's Legal Rights?

An employee subjected to mobbing does not have to remain silent or resign and give up their rights. As Kubat Law, in this process we pursue the following paths:

Termination for Just Cause: The employee may unilaterally terminate the employment contract without waiting for the notice period and thereby become entitled to severance pay.

Material and Moral Compensation: A compensation action may be filed due to the wear and tear suffered and the attack on personal rights.

Bad-Faith Compensation: If the conditions are met, additional compensation may be claimed from the employer.

Discipline and Complaint: Use of the company's internal mechanisms or of the Ministry of Labour channels (ALO 170 hotline).

5. Kubat Law's Approach: We Are Aware of Your Rights

Mobbing is not only a legal dispute but also a human rights issue. Your peace of mind and mental health at the workplace are more valuable than your career. With its professional team, Kubat Law stands by you throughout this difficult process — from the gathering of evidence to the conclusion of the case — forming a legal shield against the injustices you have been subjected to in your professional life.