Mobbing in labor relations
Law and innovations(2020)
摘要
Problem setting. The success of any work team depends on the WORK of each employee. One of the destabilizing factors of the work process, which leads to a tense situation in the team, reduce employee efficiency and increase the likelihood of making the wrong decision, is psychological pressure. This phenomenon is called “mobbing”. In modern conditions, the legal regulation of protection against psychosocial risks in the workplace is an important trend in creating safe and healthy working conditions. Analysis of resent researches and publications. Despite recent research and publications as foreign scholars (D. Burton, M. Wilson, F. Gabriel, T. Doyle, R.S. Kessler, I.Y. Kiselyov, X. Leimann, M.A. Murray, R. D. Schwartz) and domestic researchers (V. O. Evdokimov, L. P. Garashchenko, T.A. Kolyada, O.S. Kravchenko, I.V. Lagutina, A.I. Marenich, I.S. Saharuk, S. I. Simakova, M.P. Fedorov, A.V. Shamshieva and others), legal regulation of mobbing in Ukraine is still almost absent. Target of research. The purpose of this article is to identify problems of legal regulation of mobbing in labor relations, highlight the causes of mobbing, as well as the preparation of proposals for legislation in this area on the possibility of preventing harassment in the workplace. Article’s main body. The paper conducts research the problems of mobbing (or harassment in the workplace). The legislation of Ukraine does not provide for liability for harassment in the workplace. Bills submitted to the Verkhovna Rada of Ukraine to regulate this phenomenon have never been adopted. The paper considers the causes of harassment of workers in the workplace, the main types of mobbing (vertical and horizontal), the responsibilities of the manager to detect and combat mobbing among subordinates, suggested ways to prevent it. Conclusions and prospects for the development. Based on the above, the following conclusions are made: (1) the productivity of professional activity of the employee largely depends on the psychological climate in the team. Problems that arise due to misunderstandings with colleagues or management, conflicts of interest of the employee and the company, lack of help, cause psychological discomfort, varying levels of stress or even provoke mental disorders in employees; (2) enshrining in laws, local regulations norms and rules that provide each employee with maximum social and psychological comfort in the workplace and guarantee the inadmissibility of mobbing, is a necessary step in the legal regulation of labor in Ukraine at the present stage; (3) such norms will reflect the level of culture of society, its civilization, as well as a qualitatively new nature of modern labor relations, in which the employee is a well-educated, highly qualified, welldeveloped person with a sense of self-worth.
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