Victims of mobbing: what can you do?

Victims of mobbing: what can you do?

"What should I do if I'm being mobbed in the workplace?

Laurence, Geneva

Mobbing" is a form of psychological pressure that takes the form of repeated hostile comments or behaviour over a sustained period, whereby one or more people seek to exclude or isolate another person in the workplace.

According to case law, mobbing is characterised by its insidious nature. Attacks often seem harmless at first, but can be oppressive if they are continuous. For example, it may be as simple as not greeting a colleague, systematically interrupting them, or even regularly criticising them in front of other people in order to denigrate their work. It is above all the repeated nature of the act that constitutes mobbing, not its virulence. Such behaviour constitutes a psychological attack on the employee's personality.

It is often difficult to identify mobbing, as the onus is on the victim to prove its existence and witnesses are rarely available. The first thing to do in such cases is to draw the attention of the employer. Under article 328 of the Code of Obligations, the employer must protect and respect the employee's personality. If an employee who has been the victim of mobbing fails to take this precaution, the employer cannot be held responsible, unless of course the mobber is the employer himself or one of his bodies! In the event of an accusation of mobbing, the employer is obliged to verify the explanations given and take appropriate measures, in particular preventive measures, for example by issuing directives that employees will be required to respect by virtue of their duty of loyalty. It should be noted that an employer may not dismiss an employee who complains of mobbing without carrying out these checks, as such a dismissal could be qualified as abusive.

If your employer does not act as he should, you should have your suffering assessed by your doctor. Insofar as mobbing constitutes an injury to health, it may be considered an occupational illness within the meaning of the Federal Law on Accident Insurance. Finally, you can report your case to the Cantonal Labour Inspectorate and, in the event of a dispute, to the Labour Court.