A specific discussion is not harassment

According to the Workers' Statute, when a company commits a serious breach of its obligations, the affected worker may terminate his contract with the right to compensation for unfair dismissal; that is, compensation of 33 days per year worked. For the courts, a situation of mobbing or workplace harassment allows the affected worker to choose this type of compensated termination.

However, a specific discussion or a tense atmosphere in a company does not amount to psychological harassment. Therefore, if the affected person has only been involved in a discussion or a tense situation, they will not have the right to choose this type of termination.

For there to be workplace harassment or mobbing, it is not enough for there to be a bad atmosphere or conflict within the company: repeated and serious behaviors with the intention of harming the affected person must be proven. Many workers use the term harassment lightly, but from a legal standpoint, repeated intent must be proven over time.

In the face of a conflict or a negative work environment, the company must act as follows to determine if there is harassment:

• Thoroughly document the facts. If there is a discussion, a complaint, or a sanction, it must be recorded in writing and the corresponding protocol must be initiated.

• Act with proportionality. Thus, if the worker has reasons to complain (even if it is not harassment), it must be evaluated if mediation or task reorganization is necessary.

• Do not yield to pressure. If the worker claims harassment but has no evidence, the company is not obliged to recognize the compensated termination.

 

Our professionals will inform you about any doubts you may have regarding harassment or 'mobbing'.