Mobbing: how to recognize it and how to get out of it

The term comes from English to mob: attack, assault. The ethologist Konrad Lorenz in the 1960s uses it to describe the behavior of some animals, especially birds, which cooperate to repel a predator or a member of the same species. Only later – the pioneering studies on the subject by the psychologist Heinz Leymann date back to the 1980s – the concept of mobbing has been applied to groups of people and has finally assumed (also) the most well-known definition today: a set of persecutory or aggressive acts that are exercised by one or more individuals in the workplace against a subject with the intent of marginalizing him , discredit it or humiliate it. In reality, bullying is not an exclusive prerogative of offices and companies, yet it is precisely in work contexts that it occurs most frequently.

Mobbing or straining: different concepts, similar consequences

To talk about mobbing the vexatious conduct must be continuous, repeated over time. If the acts are single or isolated, it is instead a case of straining. The consequences on the individual who is a victim, however, do not change much. This is explained by Dr. Edoardo Favaretti, psychiatrist and director of the Department of Medicine of the CIAM – Centro Italiano Anti Mobbing: “I recently had the case of a person who worked in a bank and, after an irreproachable life, after having gained a certain professional and contractual level, was moved to a small branch: he was distant from his family, he could no longer perform the previous duties, he could no longer work … In this case the mobber’s action is single, but every day the worker experiences the consequences, which can persist for a long time ».

And the consequences are primarily psychological, with visible effects on the body as well. “In cases of mobbing, a series of somatizations are generally observed in the initial phase: the person, who was well before, begins to have many small symptoms – gastralgia, headaches, decreased sexual desire … – which are perhaps attributed to one generic stress. All this is often misunderstood by the family doctor, who is the first one to whom one turns, »continues Favaretti. «Those who suffer from mobbing feel excluded, not understood. The second symptom is, therefore, an anxious-depressive reaction: the affected person will begin to report a pain, a grief … I have heard many times describe this pain as superior to that experienced on the occasion of a recent bereavement. This also happens because the sense of injustice, the emotional investment towards the profession is added to the loss of work … Furthermore, the mobbed person is almost always serious, scrupulous, with a somewhat rigid personality: reactive frustration is therefore very strong ».

The state of psychophysical alteration resulting from mobbing can also be confirmed by blood parameters such as the level of cortisol, the hormone that the body produces when it is under stress (detectable through a blood test) and in addition, as reported by a review of the University of Bari in 2020, can negatively influence the course of cardiovascular disease or diabetes. “From my point of view, it is not difficult to recognize a case of bullying”, says the psychiatrist: the problem is then to “quantify” it and prove it in court.

Crime of mobbing? Not received

Currently – and today there are no signs that the legislative situation will change in the near future – there is no crime of bullying and this phenomenon is not specifically recognized in the civil or criminal code. When a case of mobbing or straining is brought to court, therefore, it is necessary to “look at the legislation as a whole, interpreting the Civil Code and the Constitution and also relying on the interpretations of the judges”, he declares the lawyer Elena Voicu. “For example, article 3 of the Constitution speaks of the dignity and equality of citizens, therefore one cannot be subjected to acts of discrimination by another, while article 4 guarantees the right to work. On the criminal side, however, given that mobbing behaviors can have various forms, it can be a crime of private violence, threats, injuries, discrimination, insults … The Supreme Court also helps us a little with the United Sections: when they give a certain interpretation, this makes jurisprudence and, if applied, the other judges are required to take it into consideration ».

Recognizing bullying: practical examples

A distinction is mainly made between two types of mobbing: vertical, if the mobber is in a higher position in the corporate hierarchy than the victim, and horizontal, if he is a parigrade colleague. Even when the hostile act does not come from the employer, however, this is called to answer for it. The lawyer explains: «There was the case of a financial consultant who worked for a company and every time he went to the place he touched a colleague’s thigh, said to another“ What a beautiful miniskirt ”and so on. These colleagues then decided to resign. In this case it is not a question of vertical or horizontal bullying: the conduct is carried out by someone from outside, but the employer is still responsible for it, because he has done nothing to prevent this circumstance “.

As for what can be considered bullying or straining, the examples are numerous and often it is the lack of awareness on the subject that prevents the worker from recognizing certain attitudes as problematic. “Sometimes I happen to talk to customers and point them out that they can’t suffer certain behaviors: their reaction is one of surprise,” Voicu confirms. Overtly violent, offensive and derogatory phrases and gestures, harassment, forced relocation or demotion leave little doubt, of course, but they can be examples of bullying – as long as the perpetrator’s intention is clearly to strike, to discriminate. o put the victim in difficulty – even “the heavier duties or the night shift required only for certain people or categories, the lack of possibility for the worker to update, grow or attend training courses, the refusal to grant leave or holidays in certain times of the year … »clarifies the lawyer. “Think otherwise of the case of a worker who points out that he suffers from a certain disease and, despite this, is left to carry out precisely those tasks that could worsen his health”. Even asking an employee to work, unlike other colleagues, in unsuitable circumstances and places (the classic poorly lit closet, the lack of a personal PC or desk) can be configured as a gesture, yet another, put in place. act to cause discomfort.

Going legal: the steps to follow

Those who believe they are a victim of bullying can contact trade unions, trade associations or directly to a lawyer. It is certainly advantageous to spend as little time as possible between the reported facts and the moment in which it is decided to take legal action. The legal terms to be respected “are 5 or 10 years based on whether the liability is considered contractual or non-contractual”, explains the lawyer. «The employer has the obligation to guarantee the salary, the holidays … If he does not do it, he does not respect the obligations established in the employment contract. In this case, therefore, the liability is contractual and the law gives a prescription of ten years. Liability is on the other hand extra-contractual when the oppressive conduct carried out comes from colleagues who have no contractual obligations towards the victim, but still have the obligation, established by law, to respect their dignity and person “. In this case, you have five years to sue.