Workplace bullying can take many different forms. Very often it is not physical, but rather psychological attacks on a person. Ultimately, this can not only have a negative impact on the person concerned, but can even affect everyday working life in a company. Read this article to find out more about this important topic and the legal basis in this context.
What exactly is bullying?
Bullying is a form of unfair treatment. The term psychological terror is often used to describe it. One person or a group acts as the perpetrator of the bullying. Another person, the victim, is at the centre of the attack. A wide variety of constellations occur in everyday working life. An employee can be bullied by another colleague in the same way as an employee can be bullied by a superior or an entire department by another. If the bullying party is of a higher rank, this is also known as bossing.
How does bullying develop?
Bullying of a person at work often develops from a problem situation that has not been resolved properly. It is not the conflict itself that is the problem, but how it is handled. If this is not addressed or is addressed incorrectly, it can develop into a permanent problem. Only in the rarest of cases are the reasons for this due to the victim or their behaviour itself. In most cases, negative feelings such as envy or an unfounded dislike are behind the behaviour. Discriminatory or racist behaviour can also lead to bullying. It is important to distinguish bullying from everyday conflicts. These can occur anywhere and do not usually pose a major threat - if they are dealt with correctly. Bullying, on the other hand, involves targeted attacks that are systematic and repeated.
What favours bullying in the professional environment?
A problem with bullying in the company can arise for a variety of reasons. One factor, for example, is general insecurity among the workforce (e.g. if the jobs do not appear secure). Other triggers can be due to poor management. For example, cumbersome or steep hierarchies can favour bullying. It is often difficult for victims to get support. The communication channels are long and a complaint involves a lot of bureaucracy. However, bullying can also occur in flat hierarchies. This is particularly the case if the company is not managed properly.
Examples of bullying in the workplace
Bullying can take many different forms. Sometimes it is not obvious at first glance, for example when it involves subliminal remarks or discriminatory behaviour. Bullying in the workplace can manifest itself in the following ways:
- Ignoring the person (those affected are not greeted)
- Threats of any kind
- Assignment of "wrong" tasks (e.g. meaningless tasks or tasks that do not belong to the person's qualification profile)
- Sexual harassment (physical attacks such as indecent touching or literal attacks such as obscene statements or swear words)
- Spreading rumours that damage your reputation
What consequences can bullying have in the workplace?
Bullying jeopardises the personal integrity of the victim. In the end, this usually not only affects the person concerned, but can also have negative consequences for the entire company.
Negative consequences for the victim of bullying: Bullying can have a negative impact on the psyche and physical health of those affected. In addition to psychological consequences such as a reduction in self-esteem and the threat of depression, physical complaints such as headaches or stomach problems can also occur.
Disadvantages for the organisation: In almost all cases, bullying leads to a negative atmosphere in the workforce and can therefore also threaten the corporate culture. This results in poorer performance and lowers the performance of the organisation. In the worst case scenario, the information gets out and customers or partner companies turn away from the organisation.
Bullying in law
Although the term mobbing is not explicitly mentioned in the legal texts, corresponding references can be found in the guidelines published by the Swiss Confederation on Ordinances 3 and 4. In addition to sexual harassment and other forms of discrimination, mobbing also threatens the integrity of a person. For this reason, the corresponding paragraphs also apply to cases of workplace bullying
What obligations do employers have with regard to workplace bullying?
Employers have a duty to protect the health of their employees. This is laid down in the Labour Act (ArG), among other things. Employers must take all possible measures to protect health. Health also includes safeguarding the personal integrity of employees (Article 6, paragraph 1 ArG).
This topic is also specified in more detail in Ordinance 3 to the Labour Act (ArGV 3, Health Protection). Article 2 ArGV 3 states that employers must protect the physical and mental health of their employees. This also includes ensuring that work is suitably organised. In addition, the employer is obliged to regularly review the health protection measures (Article 3, Paragraph 1 ArGV 3).
The Swiss Code of Obligations (CO) contains regulations on safeguarding the mental health of employees. Employers must respect the personality of employees and also ensure that it remains intact. Article 328, paragraph 1 CO explicitly refers to the prevention of sexual harassment, while paragraph 2 deals with the personal integrity of a person.
What happens if a team member bullies?
Employees are generally required to follow the instructions of their superiors (Article 321d paragraph 2 CO). Specifically, employees must comply with the health and safety measures implemented (Article 10 ArGV 3). If you notice any deficiencies, these must be reported to a person of trust or to your line manager. If a person wilfully endangers the health of other members of the organisation, they may be held liable (Article 60, paragraph 2 ArG).
What consequences can bullying have in the workplace?
Bullying is not a trivial offence. If employers fail to adequately protect health, they can be prosecuted under criminal law (Article 59 ArG). In addition, the perpetrators can also be held accountable. For example, under Article 41 of the Swiss Code of Obligations, anyone who unlawfully causes harm to another person must expect to pay compensation.
The Swiss Criminal Code (SCC) also contains provisions on how people can be held accountable in the event of bullying. For example, anyone who harms the health of another person is liable to a custodial sentence of up to three years or a fine (Article 123, paragraph 1 SCC). Defamation and defamation of character (Articles 173 and 174 SCC) and insulting or attacking someone's honour (Article 177 SCC) can also lead to a fine or prison sentence. The same applies to threats and coercion (Articles 180 and 181 SCC). This includes not only the threat of violence, but also other disadvantages or the restriction of freedom of action. Article 198 StGB specifically addresses sexual harassment. Accordingly, both physical assault and verbal harassment can lead to a fine or penalty.
How companies can prevent bullying
In principle, it should be in the interests of all companies to prevent bullying. Employers also have a duty to prevent bullying or to intervene if it does occur. The following points can be followed by line managers and employers to reduce the risk of bullying in their organisation:
- Taking a clear stance against bullying: employees must be clear that the company does not agree with discriminatory statements or bullying.
- Information about what bullying actually is: Employees should be informed about how bullying can manifest itself in the workplace. Legally, this is based on Article 5 ArGV 3, according to which employers are obliged to inform their employees about health protection measures.
- Procedure if bullying is perceived: Tips or instructions on what employees can do if they themselves become victims or if they realise that another person is being bullied. This also includes appointing a person of trust as the first point of contact.
- Information about possible consequences and sanctions: All members of an organisation must be aware of what happens in the event of bullying. This includes not only supporting those affected, but also the penalties that will be imposed on the perpetrator(s).
- Consistent behaviour: It is particularly important that possible sanctions are not only threatened but also applied.
Tips for victims of workplace bullying
If you are affected by bullying, never allow this type of misbehaviour by colleagues or superiors to go unchallenged. Your employer has a duty to protect you and your health. It is best to document the incidents in writing. You should also record the report of an incident in writing. This will ensure that the situation is adequately recorded and you can refer to this information in the event of a legal dispute and hand it over to your labour lawyer. Other team members can serve as witnesses if they have perceived a bullying situation.
How legal advice works today - simple, secure, transparent
You can find the right lawyer here free of charge without time-consuming research.
- Place enquiry
- Compare offers
- Start cooperation
- Monitor costs
FAQ: Bullying in the workplace
Bullying is the systematic unfair treatment of other people. This can happen through words, certain behaviour or even physical attacks. If workplace bullying is carried out by managers, it is also referred to as bossing.
Bullying can take many different forms. It can start with unequal treatment (e.g. when a person is permanently assigned boring or difficult tasks) and can even extend to threats of dismissal by superiors.
The distinction is sometimes difficult and cannot be fully clarified. Bullying often arises from conflicts that have not been dealt with properly. Bullying occurs when the discriminatory behaviour is repeated regularly or continues over a longer period of time. There is also an intention behind the behaviour to harm another person.
Those affected can suffer serious health consequences as a result of bullying. These range from physical problems to psychological disorders. However, bullying also has a negative impact on companies: the working atmosphere suffers and, ultimately, a company's entire economic performance can even be affected.
Employers have a duty to help victims of workplace bullying. If in doubt, contact a person you trust and describe the facts of the case. In extreme cases, you can resign without notice due to bullying.
It is important to take a clear stance against such behaviour. It must be clear to both employees and managers that bullying is not tolerated in the company.
Bullying can be penalised under the Swiss Criminal Code. The penalties range from fines and financial penalties to custodial sentences.