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Mobbing as a form of discrimination in labor relations in Ukraine and in foreign countries
Author(s) -
Олена Іванівна Кисельова,
Iryna Kordunian
Publication year - 2019
Publication title -
pravovì gorizonti
Language(s) - English
Resource type - Journals
ISSN - 2519-2353
DOI - 10.21272/legalhorizons.2019.i18.p56
Subject(s) - mobbing , harassment , subject (documents) , legislature , phenomenon , workforce , psychology , social psychology , political science , business , sociology , law , physics , quantum mechanics , library science , computer science
The subject of the article is mobbing as a form of discrimination in labor relations in Ukraine and in foreign countries. Based on the analysis of scientific works of Ukrainian and foreign scientists we identified and analyzed the concept of “mobbing”, its characteristics, causes, and consequences. Mobbing is defined as a form of human rights discrimination that involves the psychological and physical pressure exerted on an employee by an employer or workforce to achieve a specific goal, usually to force an employee to quit. The main manifestations of mobbing are harassment, distribution of gossip and false information, employee neglect, blackmail, sexual harassment, and other manifestations of moral and physical violence. Mobbing has its own structure that consists of a subject, object, and purpose. Usually, the subject is the employer or the workforce, and the object is the employee. The main features of mobbing are consistency, the presence of purpose, and the specific object and subject. Mobbing is not established in Ukraine at the legislative level. Attempts of regulation of mobbingwere the creation of two bills: «On amendments to some legislative acts of Ukraine concerning fighting against mobbing» and “On amendments to some legislative acts of Ukraine concerning combating against harassment (mobbing) and other manifestations of prejudice at work”. The purpose of these Projects is to protect employees’ rights against any harassment at work by imposing administrative liability in the form of a fine. However, at present these Projects have not been approved. Mobbing is a socially dangerous phenomenon. Its consequences can be stress, depression, sleep disorders, problems with mental health, problems with alcohol and drugs, even the emergence of suicidal thoughts. In this article, we are exploring the experience of mobbing settle in foreign countries, such as Sweden, Belgium, Denmark, Germany, Netherlands, Spain, and the United Kingdom. international experience proves that mobbing must be regulated at the legislative level. Based on the analysis of the responsibility for mobbing in foreign countries, we can conclude that the most effective is administrative responsibility. Keywords: mobbing, discrimination, harassment, psychological pressure, physical pressure, labor relations.

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