An employee who denounces his employer or colleagues for harassment can only obtain compensation if he provides solid proof of the intention to persecute that links the various vexatious behaviors. Bullying is configured in all cases where a person who is in a state of weakness is subjected to actions aimed at raging for the same thing, such as exclusion and isolation, even public humiliation, devaluation by fake news. It can therefore occur both in private contexts of the person (social or family environment) and in more public contexts (work). In the case of non-pecuniary damage, special attention must then be paid to the objects of existential harm and moral prejudice, since in cases of harassment, it is above all a violation of the personal sphere of the victim (Article 2087 of the Civil Code), which, unlike psychophysics, is always present. Bullying is divided into hierarchical (or vertical) bullying and environmental (or horizontal) bullying. Hierarchical bullying is perpetrated by the superior against the subordinate because he or she is seen as unproductive, unsympathetic or undesirable. Environmental bullying, on the other hand, is perpetrated by co-workers towards the victim and manifests itself in the lack of dialogue, cooperation or respect generally attributed to employees in the performance of their professional activities. Tax Law / Corporate Lawyer – Civil Law – Labour The law firm Pace & Puri was founded in 2017 to promote the Alessandro Pace (Supreme Court lawyer) and expert in civil administration; Contracts; Corporate; and the experience of Avv. Valerio Puri Expert in tax/civil and labour law. The studio is equipped with n. 6 employees and takes care of the interests of many companies and individuals throughout the Italian territory with a prevalence in the Lazio region.
It is precisely the absence of specific legislation that has led both the case law on the merits and the legitimacy of mobbing to identify cases of contractual liability arising from the non-performance of the obligation set out in Art. 2087 of the Italian Civil Code, sometimes in connection with non-contractual liability under Article 2043 AD. Bullying consists of a series of persecuting behaviours over time and aims to discriminate against or denigrate a person in the workplace. These behaviours violate the rights and dignity of the person who suffers from them and often have consequences for the psycho-physical health of the victims. Lawyer in civil and commercial law. Lawyer at the Court of Cassation. Mobbing: Experience of several judgments on the subject of bullying. The context in which the phenomenon of bullying is most realized is that of work, where it can take various manifestations.
It can take the form of acts of persecution by superiors (unlawful reduction or modification of tasks, inadequate allocation of premises, unjustified conflicts, including in front of other employees) or acts committed by colleagues. The latter is presented as a particularly insidious and difficult form to combat, which in any case also imposes on the employer the responsibility for not exercising the power of control over employees. Protection against bullying behaviour works in both civil and criminal cases, where compensation can be obtained for all damages suffered. The damage is initially of an immaterial nature and consists of biological harm (impairment of the psychophysical integrity of the victim), moral prejudice (inner suffering inflicted on the victim by persecution) and existential harm (general deterioration of the victim`s living conditions). Account is also taken of the financial loss caused in the workplace by the need to take time off work and by the decline in performance, by the loss of opportunities, by the damage to the professional image. This item also includes medical or other expenses incurred by the victim to deal with the psycho-physical consequences of bullying. www.ilfattoquotidiano.it/2011/11/27/cisl-imola-condannata-mobbing/173567/ Different types of bullying can be distinguished, the most common are: Lawyer in Rome Civil harassment: The firm manages various employment practices and assists both employees and employers. The issues dealt with mainly concern complaints for dismissal, the recovery of wage gaps and severance pay, and psychological harassment.
The company also benefits from a fruitful collaboration with some cafes in Rome. Specialization in labor law, union and social harassment: I have attended numerous conferences and followed several procedures on harassment in the interest of companies of international importance, all currently defined by judgments rejecting the employee`s claim. Avvocato del Lavoro Mobbing: The law firm where I work is one of the leading Italian law firms specializing in bullying and its derivative forms, and thanks to Avv. Tamburro, recognized as a lover of the subject. Intimidation of a lawyer in employment law: I have assisted various companies or individuals in lawsuits for intimidation, compensation for professional injury and image, morality and health. Vanity Fair The Avv. Scafetta in an interview with Vanity Fair about bullying. Criminal Lawyer Bullying at the Supreme Court: With respect to bullying, I am talking about the criminal law aspects of bullying. It is not a specific crime, but bullying can incorporate different types of crimes. The most important thing is to have the right knowledge and skills to recognize them. Labor and Civil Harassment Lawyer: I have gained expertise in cases of bullying, burdening, discriminatory and illegal employer behavior, but which merit compensation for damages. Bullying can also occur in a family context, for example, through a series of behaviors performed by a spouse aimed at taking control and attention from children, isolating the partner and excluding them from family management.
This form of bullying appears to be particularly harmful because it explains the effects not only on the victim, but also on other family members. When the word bullying is used, we refer to the case where the employer represents a variety of behaviors united by a unified purpose and having a vexatious effect against the employee.