Bullying in the workplace: what you can do
Constant harassment, exclusion, humiliation in the workplace, by colleagues or superiors? 'Bullying' is not a separate criminal offense, but you are not without protection: the employer has a duty of care, and where personal rights are violated, claims come into consideration.
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What you should do now
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1. Document the incidents
Keep a bullying diary: date, what exactly happened, who was involved and which witnesses there were.
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2. File a complaint
Complain to the employer, superior or works council and demand a remedy, in writing.
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3. Protect your health
If there are health consequences, seek medical help and have the complaints documented.
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4. Get legal advice
Have your claims (injunction, damages, compensation for pain and suffering) and possible steps checked, by a union or lawyer (legal aid may be available).
Frequently asked questions
Is bullying a criminal offense?
'Bullying' as such is not a separate criminal offense. Individual acts can be criminal, however (for example, insult, bodily harm, coercion). Under civil law, if your personal rights or health are harmed, claims for an injunction, damages and compensation for pain and suffering come into consideration.
What must the employer do?
It has a duty of care and must protect you from bullying. If you complain, it must investigate the allegations and provide a remedy. If it does not, it can become liable itself. It is important that you document the incidents and file the complaint in a provable way.
Take action now
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.