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LABOR INITIATIVES LAWYERS TACKLE THE PROBLEM OF BULLYING AT WORKPLACE (MOBBING)

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Addressing the problem of mobbing is on the agenda of Ukrainian parliament. Two draft laws were submitted to the Verkhovna Rada of Ukraine. Labor Initiatives lawyers George Sandul and Inna Kudinska were members of the Working Group at the Committee of Social Policy.

Currently the term “mobbing” is not provided in Ukrainian legislation. However, this issue needs a holistic approach to its definition and determination, as now many employees are suffering from different forms of mobbing at their workplace.

Around the world, bullying at the workplace or mobbing is known by a number of names in legal terms: Australia – workplace bullying, Italy – mobbing, the USA – workplace bullying etc.

Draft law No.10118-1 propose the term “mobbing” with the following meaning:

psychological and / or economic pressure, harassment, creating unbearable working conditions aimed at adverse effects for employees or coercion to their dismissal.

Authors of the draft law also impose an obligation on an employer to counteract mobbing at workplace, prevent stressful atmosphere among the employees.

An employee who has suffered from mobbing will have the right to dismiss at their will at any time with payment of discharge allowance for employee in case of termination of a labor contract on the ground of mobbing under Art.38 of the Code of Labor Laws of Ukraine. Under the general rule, employees are entitled to terminate labor contract with a two-week notice to an employer.

The draft law imposes administrative liability under Art.41-4 of the Code of Ukraine on administrative offences. Mobbing shall entail imposing a fine amounting from UAH 500 to 3000 untaxed minimal personal incomes or correctional labor up to 60 hours depending on the qualification circumstances. Particular emphasis is set on such aggravating circumstance as mobbing concerning vulnerable groups of citizens: single mothers (fathers) or persons who take care of child under 14 years old or child with disabilities, minors, pregnant woman, person with disabilities, internally displaced persons, combatants.