How do you behave when you experience mobile at work?

However, how to recognize mobbing as he is proven in legal proceedings and whether the employee can expect compensation for the damage suffered, the lawyer Girius Ivoška told more.

– What is mobbing?

– The concept of mobbing is not used in legal acts. Instead, the combination of words is used – violence and harassment. The definition is presented in the Lithuanian Labor Code, which is essentially any behavior or actions in which a person at the workplace seeks to have a negative, beneficial impact on another employee. These effects may also be related to the pursuit of certain personal or economic benefits.

Photo by A. Ufarto / ELTA

– What has changed since the beginning of this year?

– As of January 1 this year, a description of the measures to prevent violence and harassment, which provides certain duties for employers, came into force. One of the positions is to confirm the procedure for providing reports of violence and harassment and registration so that each employee knows where and who to turn to to defend his or her interests and protect himself from violence and harassment. Also, all employers, regardless of the size of the company, must organize training on the subject. In addition, the person responsible must be appointed to whom the injured employee can contact, to find out whether certain behaviors fall into this area and receive psychological and possibly legal assistance.

– How often do you have disputes over mobbing in Lithuania?

– 2021 The State Labor Inspectorate received 118 complaints, 2022. – 238, and 2023. – already 298. On the one hand, people begin to understand and distinguish between what is mobbing. On the other hand, the Labor Inspectorate pays more attention to this, with more information public. Unfortunately, there are more and more sad cases where people are suffering, so they are increasingly recognizing misconduct and appealing to defend their interests.

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– What should an employee who experiences or thinks he is mobbing?

– First of all, the employee should try to communicate with the person who demonstrates negative behavior and to communicate in writing. In other words, involve it in the discussion to reveal true intentions. It is also very important not to be afraid to record such a conversation. The case law already recognizes that even a secret record of a conversation heard raised tone, blackmail, threats or otherwise violated the employee’s rights may be submitted to both the Labor Disputes Commission and the Court as evidence of violence or harassment used against the employee.

– Can an employee who has changed the job still apply for damages from the former employer?

– It is not necessary to stay in the same company, but it is best to start defending your interests and initiating the process at a time when the employee is still working. Then it is easier to gather evidence as there is still access to certain data. However, regardless of whether the employee is still working or having left work, he can go to court for non -pecuniary damage or compensation – for example, if he had to be treated due to an emotional trauma.

The more time passes after the termination of the employment relationship, the more doubt about it – even in society. Unfortunately, you often have to face an attitude: why didn’t you seek what you were waiting for, what is now the interest, maybe it is revenge. For those who are hesitant, I would recommend seeking help as soon as possible – not always relying on the means offered by the employer, but first consult a psychologist or psychotherapist to assess the situation, identify the damage and formulate it properly.