Workplace Bullying - You Can Do It!

Bullying in the workplace can arise for a variety of reasons - for example, a difference of opinion, jealousy or even because of different cultures in a company. In any case, however, it is unjustified and can put a lot of psychological strain on people. According to studies, around 30 percent of employees have already had to experience bullying at work. In this desqup blog article we look at when bullying starts and what you can and must do about it!

Tip: In addition to bullying at work, there are many other legal aspects that are related to your work. For example, a dog in the office can also become a topic of dispute. In the desqup blogs you will find an interesting article and many other guides!

What is workplace bullying?

Before we look at what you can do specifically if you are affected by bullying at work, we will explain what bullying actually is and how you can tell if you are affected by it. Bullying at work is a conflict-laden situation among colleagues or between employees and supervisors. Usually one person loses or is attacked and mistreated by several other people.

Bullying isn't a one-off argument or disagreement; it's always over a long period of time. As a rule, the bullied person is systematically excluded and often ignored. The goal of bullying is either to change that person's mind or to get them kicked out of the group/company. In addition, the attacked person should suffer from this discrimination in the event of workplace bullying.

Bullying in the workplace has the following consequences for the person concerned:

• Increased stress level
• mental stress
• Decreased work performance
• Bad mood/sadness
• In extreme cases, illnesses such as depression and burnout

Bullying within the workforce also only has negative effects for the employer. In the worst case, the only way out for the person concerned is to terminate the employment relationship, which also damages the company and costs money. It is therefore important to take countermeasures immediately in the event of workplace bullying and to ban the bullying people from the company or at least warn them off.

In the next paragraphs we will look at what you can do as a person affected in a specific case!

What can I do in case of workplace bullying?

In the case of workplace bullying, the motto is always to act as quickly as possible to clarify the situation. As a victim or as a person who notices the bullying, you have several options for this before different authorities. In many cases, a conversation between the two parties involved can help to clarify the situation - because bullies are not always aware of the damage they are causing.

You, as the data subject, also have the right to lodge a complaint. So you always have the right to refrain from harassment and problems caused by your colleague. You can also claim damages and compensation for pain and suffering in the event of bullying at work.

Important: In the case of bullying at work, the burden of proof always lies with you as the person affected. So it's best to point this out to your employer as early as possible so that he can keep an eye on it.

You have these options to defend yourself against bullying in the workplace:

• The right of appeal
• The right to refuse performance
• Claims for injunctive relief and removal
• The Extraordinary Termination
• conclusion of a termination agreement

As an employee of a private company, you always have the right to lodge a complaint. If you feel treated unfairly, excluded or bullied, you can contact your supervisor directly. This must take care of the complaint. If the complaint is unsuccessful, you can also contact your employer directly. However, there are no specific deadlines for action. In companies with a works council, the latter must deal with the complaint.

Retention, dismissal and Co. - am I allowed to do this in the case of bullying at the workplace?

If your employer or manager hasn't taken any action against workplace bullying, there are a few other things you can do. However, it is important not to take any hasty steps and, if in doubt, always clarify everything with an employment law attorney.

Tip: We always recommend that you document the bullying as best as you can. The best way is to write a kind of diary. Write what incident happened, when it happened, and if there are any witnesses or evidence. You can also attach photos or similar, but pay attention to your employer's regulations and personal rights. In case of doubt, you as the person affected must always prove the bullying at work, so you are on the safe side.

In individual cases, as an employee, you may have a right to withhold your work performance if the employer does nothing to prevent bullying in the workplace. Because in such a case you are not obliged to continue to subject yourself to the harassment of your colleagues or superiors. However, you should definitely clarify this step with an employment law attorney in advance so that you do not have to fear any consequences.

If there are still no countermeasures, the next step to staying away from work would be extraordinary termination - before that, however, you must have raised the problem with your employer a few times. If you have suffered damage to your health as a result of the bullying, for example psychologically, you may also be able to assert claims against your employer here - however, this is always a case-by-case decision.

Conclusion: What to do about bullying at work?

If you notice that you or one of your colleagues is being bullied at work, you must act as quickly as possible. Document everything as best you can and talk to the people involved. If there is a works council, you should contact them first. As a rule, most conflicts at work can be resolved quite quickly in this way, but in individual cases tougher measures may be necessary.

In general, however, the following applies to bullying at work: don't lose any time and get out of this situation as quickly as possible!