Mobbing, stalking and damages
The art. 612 bis of the cod. ‘Persecutory acts’, according to which “Unless the fact constitutes a more serious crime, anyone who, with repeated conduct, threatens or harasses someone in such a way as to cause a persistent and serious state of anxiety or of fear or of generating a well-founded fear for the safety of oneself or of a close relative or of a person linked to him by an emotional relationship or by forcing him to alter his habits of life “. In this way, the aim was to counteract the phenomenon of so-called ‘stalking’ (from English to stalk = to harass).
The CD. mobbing, on the other hand, is the illicit or harassing behavior of the employer or colleagues over time, preordained and aimed at the marginalization or elimination of the worker who is the victim.
Although the existence of the phenomenon is now openly recognized by the Labor Judges and despite an increasing number of workers claiming to be victims of mobbing in our country, a specific law to protect the worker is still missing.
One of the differences between bullying and stalking is that in bullying the aggressor moves within the work environment, in stalking, in the life and private sphere of the injured or injured person. However, the negative effects of bullying are not linked only to the economic and professional sphere (for example, the compulsion of the worker to resign), but inevitably end up having repercussions in the social, personal, family life of the worker in the case of diminishing or debasing the personality. and human dignity that can cause biopsychophysical disorders, loss of self-confidence, self-esteem, anxiety, panic.