Bullying (or mobbing) in the workplace is no longer a trivial offence. It encompasses all deliberately degrading acts to which a person can be subjected by others - in particular, acts punishable under the Criminal Code such as sexual harassment, insult or defamation. While the colloquial terms "psychological terror" or "harassment" are often used in a trivialising way, bullying in the workplace usually has serious consequences for the individual - from being forced to change jobs as a result of bullying to real damage to health and mental health. Nowadays, you should no longer simply accept everything, but seek help from an experienced bullying lawyer at an early stage. Depending on the individual case and which side is responsible for the bullying - your colleagues or your own boss ("bossing") - German law offers a wide range of possibilities to defend yourself - from compensation for damages to compensation for pain and suffering. Nowadays, bullying often goes hand in hand with discrimination.
As a lawyer specialising in employment law and bullying in Munich, I can give you an assessment in a detailed initial consultation of how you can defend yourself against an existing bullying situation and what the prospects are for compensation for damages suffered. Bullying in the workplace frightens and shames many victims at first - they often blame themselves at first - but especially in German labour law and criminal law there are many ways to defend yourself against it.
A particularly important note to all those affected. Legal counselling and taking legal action is necessary and advisable in cases of bullying. But psychological bullying counselling should also always be provided. Even if you see yourself as a strong character, the psychological effects of severe bullying often only materialise later. We are happy to help you with all legal issues - so you have more time to deal with your personal issues.
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From a labour law perspective, bullying involves systematic hostility or harassment (including discrimination, of course) among colleagues or by superiors. What is also important here is the inferiority of the person affected, i.e. the lack of simple reaction options in the context of a typical victim-offender relationship. In order to prevent corresponding claims for trivialities (simple arguments, differences of opinion), it is usually assumed that the acts of bullying have been carried out over a longer period of time (e.g. 6 months) and on a regular basis (e.g. at least once a week).
Typical examples of bullying behaviour include
Bullying is a combination of belittling, marginalising or discriminatory actions towards a person or group in the workplace (including schools or training centres) over a longer period of time. The aim is usually to persuade the person concerned to resign or be transferred. Bullying usually manifests itself in the offences of insult, defamation or slander. Bullying has nothing in common with the classic "teasing" or "annoying", but is now a serious problem that also causes major health and economic damage.
Bossing" is a special form of bullying that is carried out by a superior against a subordinate. Here too, the aim is usually to get the employee to resign.
In the case of cyberbullying, the place where the offence is carried out shifts from the workplace (including schools or training centres) to the internet. Cyberbullying takes place either through direct communication (e.g. emails) or indirectly via social networks or discussion forums. Cyberbullying is usually perceived as even worse because it is not possible to seek help from a superior. Cyberbullying also usually takes place in front of a larger audience, which intensifies the perceived humiliation.
"Staffing is a fairly rare form of bullying in which subordinates (the "staff") bully their superiors. As a superior usually has the internal means to clarify such incidents, cases of this kind are only brought to the attention of a lawyer in exceptional cases.
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