Abstrakt: | The employer is not always the perpetrator of mobbing. The employer’s responsibility
for the actions of other people results from the employer’s breach of the obligation
to counter mobbing (Article 943 § 1 of the Labour Code). Certainly, mobbing is
a negative, undesirable phenomenon, and the interpretation of regulations shaping
the employer’s responsibility for the effects of mobbing should take into account the
aim of completely eliminating this phenomenon from the work environment. Precisely
because of this aim, it is vital to discuss in broader terms, from the perspective of
art. 943 of the Labor Code, the position expressed by the European Court of Human
Rights in the justification of the judgment of November 6, 2018 (Vicent Del Campo v.
Spain, no. 25527/13), which emphasized that the personal data of an employee who was
not a party to court proceedings, with the indication that this employee committed acts
of psychological harassment of another employee, constitutes a violation of the right
of the perpetrator of these acts to respect his private life. |