Staffing, when mobbing is not as obvious as we think it is

Although we talk a lot about mobbing, often our attention is focused only on vertical mobbing, that is, that which is exerted by an employer or supervisor on an employee. Intuitively, we associate the concept of mobbing with just such a situation, forgetting that pathological behavior can also be directed in other directions – from an employee to an employer or supervisor and from an employee to another employee. In the former situation, we then speak of so-called staffing. Spreading rumors among employees about the supervisor, undermining his competence in front of co-workers or unfounded criticism of the supervisor’s behavior or instructions are just some examples of mobbing actions taken to harass or intimidate the supervisor.

How do we define staffing?

Staffing does not have its own regulation in the Labor Code. Therefore, it is nothing more than a form of mobbing, which in turn is defined as actions or behavior directed against or concerning an employee, consisting of persistent and prolonged harassment or intimidation.

The statutory definition of mobbing, however, refers to the concept of “employee,” which means only persons employed under a contract of employment. Such persons may in fact – after meeting all the prerequisites for the occurrence of mobbing – demand from the employer:

• Labor Code compensation;
• redress;
• compensation under civil law provisions for the protection of personal property.

What about those not employed under a contract of employment?

Since the employer’s liability for anti-mobbing is limited only to mobbing behavior against an employee, it is worth considering what steps an employer or someone acting on its behalf who is not under an employment contract can take in the case of staffing.

In the case of an employee who engages in mobbing activities, there is the possibility of applying disciplinary punishment, such as a warning or reprimand.

If the higher-mentioned steps taken by the employer against an employee who engages in mobbing behavior toward workplace managers or the employer himself do not yield results, the employer may consider terminating the employment contract and, in extreme cases, even terminate the employment contract without notice.

Let’s also not forget that in such a situation, the person targeted by the mobber can take advantage of the protection provided by the Civil Code, in terms of protection of personal property.

Summary

The continuous development of organizations and society brings new, often previously overlooked challenges. In larger companies, with diverse departments managed by managers, understanding the problem of mobbing is not just a matter of the actions of those at a “higher level” against subordinates. It’s also a matter of bottom-up actions – pressure exerted by subordinates on those acting on behalf of the employer, often testifying to mobbing activities.

One is clear: it is worth keeping track of the situation within the organization, including the relationship between employees and their superiors. Let’s not limit ourselves to assessing the behavior of a supervisor toward an employee, but let’s also closely observe how employees behave toward their supervisor.

In addition, remember that a quick and firm response from the employer in the case of mobbing is crucial. Tolerating any form of mobbing is the first step toward destroying the organization’s culture.

Author:
Paula Staszak-Urbańska, LL.M., Trainee attorney-at-law (PL)