Wolfenson Lawyers provides legal advice and accompaniment in the face of workplace harassment.
If you are the victim of workplace harassment or mobbing, it is very important to know your rights. Wolfenson provides his clients with personalized advice, along with direct support at this difficult time.
Workplace harassment is understood as that set of behaviors that are carried out within a work environment that produce harassment of the worker, undermining their psychological or emotional state. Our firm has experience in personalized legal counseling for each client who has suffered this type of harassment.
Here is a legal guide to provide you with guidance on workplace bullying:
What is Workplace Harassment or Mobbing?
Mobbing is a conscious and systematic, repetitive behavior of harassment against a worker . The most common form is that given by a boss to an employee (descending), but it can also be given between peers (horizontal) or even from subordinates to their bosses (ascending). The most common form is given by shouting. and threats or by isolating the victim from his work environment.
Examples of workplace harassment?
• Assignment of useless tasks.
• Exposure to high-risk or overly demanding jobs .
• Frequent change of tasks and responsibilities.
• Ridicule for some reason of disability, ethnic heritage, way of speaking, among others.
• Physical or social isolation.
• Criticism of work or private life.
Where is it regulated?
Our legislation does not expressly refer to mobbing , but nevertheless, legal foundations have been applied that establish general principles of respect for the fundamental rights of workers.
• Political Constitution of the Republic.
• Article 2 CT: relating to non-discrimination and non-respect of the dignity of the worker.
• Article 5 CT: establishes the fundamental rights as a limit to the powers of the worker.
• Article 145-A CT: relating to contracts for arts and entertainment workers, in which it is stated that said contracts may not face the artist's freedom of creation .
• Article 154, final paragraph CT: establishes that the obligations and prohibitions of the internal regulations must respect the dignity of the worker.
• Article 171 CT: establishes the possibility of resorting to the figure of indirect dismissal in the event that the employer engages in conduct contrary to the employment contract.
• Article 184 CT: relating to the general duty of protection of the employer with respect to its workers.
• Articles 485 and following CT: the Labor Guardianship Procedure is established .
There are ways to sue and demand compensation for mobbing.
Wolfenson Abogados provides excellent legal advice on workplace harassment.
Links of interest on workplace harassment :
1.- Labor Code
If you need more information and legal advice regarding workplace harassment, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.