The bullying in the workplace, which is a persistent and prolonged harassment or intimidation of an employee, causing him low self-esteem among others, professional fitness, is primarily responsible employer .
According to the Labour Code, the employer is responsible for both filling deeds signs of bullying, as well as situations in which breached the duty to counteract mobbing. Indeed, the employer must provide employees with a working environment that were not harassed. As stated this provision Supreme Court in its judgment of 3 August 2011 (file no. I PK 35/11), may do so by providing training, introduction of internal regulations to prevent harassment or allowing to obtain protection for victims.
The employer is responsible for doing, bullying, committed by the other employee, coworker employer, the person providing for an employer to work on a basis other than an employment relationship, or even a spouse or adult child of the employer.
What can be claimed by the employer
As a rule, the person so requests compensation for non-pecuniary damage just from his employer. The employee is entitled to a claim arising from harassment (under the provisions of the Labour Code) include:
- reparation for harm,
- compensation.
O Remedies employee may claim, in which bullying caused health disorder confirmed by the appropriate medical certificate. The limits of the damages have not been clarified, the judiciary assumed that it should be compensatory in nature.
It was circled and the lower amount of claims – it can not be lower than the minimum wage for work. However, you can apply for it only when the bullying occurred because dismissal .
In both cases, the employer must prove that he is innocent.
What employee may request from a colleague from work
Harassment is not only a violation of labor law but also the civil law. – Because the essence of mobbing is based on an infringement of personal rights worker, the consequence is the possibility of redress under the Civil Code, eg. A claim for monetary compensation for the harm suffered as a result of a breach of personal or payment of an appropriate amount of a specific public – explains Sebastian Kryczka, an expert in labor law.
The Civil Code can therefore claim damages from the employer, if as a result of bullying there was a health disorder or mental or physical injury. This may include medical expenses, loss of ability to work or to reduce the possibility of earning a living in the future.
If you are the victim of bullying cease entirely or partly the ability to work, the employer may also be forced to pay her a pension (temporary or permanent) covering a reduction in earnings after the loss of health.
& gt ; & gt; Read also about an important judgment of the Supreme Court: The bullying can be sued not only the boss, but a friend
The most important difference between the claims of workers and civilian is that the Remedies of the Civil Code covers the perpetrator of bullying , and therefore not necessarily the employer – including, for example, co-worker, if he persecuted. The employee must indicate which personal interests infringed mobber – it may be, for example, personal dignity and good name. But what is important in this case, the employee must convince the court that he has suffered damage as a result of an unlawful or rules of social atmosphere in the workplace, but does not necessarily indicate any evidence of bullying.
This also means that the Where claims are based on the Civil Code, a person accuses of bullying must prove in court that the employer’s actions were unlawful. This means that the burden of proof on the injured worker, not the perpetrator of bullying.
Civil Protection is also linked with higher costs than claimed on the basis of the Labour Code. For example, the fee for a claim for protection of personal rights, is 600 zł plus 5 percent. of the claimed amount, while the labor court lawsuit is exempt from the fee, if the amount claimed is less than 50 thousand. zł.
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