Vindicating Compensation Claims by Mobbing Victims

Abstract

The article was delivered in the form of a report in the Ministry of Justice at the conference devoted to mobbing on 31 May 2005. The following problems are discussed in it: the legal definition of mobbing, the competences of the court in claims vindication, mobbing versus other pathological phenomena in the working place, evidence in a mobbing trial, compensation mobbing victims are entitled to. The author criticizes the regulation concerning mobbing included in the labor code. In his opinion it is the basic cause of the little number of trials as compared to the proportions of the phenomenon. Postulates de lege ferenda are included in the article, which aim at effecting a change in the status quo.