Workplace harassment is one of the hardest situations to deal with at work, both because of its emotional impact and because of how difficult it is to prove in practice. Knowing how to act from the very first moment is key to protecting both your health and your legal rights.
What counts as workplace harassment
Workplace harassment (mobbing) is hostile or degrading conduct, sustained over time, carried out by one or more coworkers, superiors, or even subordinates, with the aim (explicit or de facto) of damaging the worker's dignity and creating an intimidating, hostile, degrading, humiliating, or offensive work environment, which can lead the affected person to leave their job or suffer serious harm to their health.
Distinguishing harassment from an ordinary workplace conflict
Not every conflict or friction at work amounts to workplace harassment: it requires conduct that is sustained over time, with an intent (explicit or reasonably inferable) to cause harm, and a real impact on the worker's dignity and health. A one-off conflict, however unpleasant, doesn't necessarily fit the legal definition of harassment.
The first steps: document everything
Facing a possible harassment situation, the most important step from the start is to document everything that happens: dates, witnesses if any, emails, messages, and any other evidence that can later support your version of events. The difficulty of proving these cases is one of the biggest obstacles, and solid documentation from the beginning can make all the difference.
The internal channels available at the company
Many companies are required, especially above a certain size, to have an internal protocol for preventing and addressing harassment, which can be activated by filing a formal complaint with the relevant department (human resources, works council, or a specific reporting channel), as a first step before or alongside other options.
The external channels: the Labor Inspectorate and the courts
If the internal channel doesn't resolve the situation, or you'd simply rather go to an external body, you can file a complaint with the Labor and Social Security Inspectorate, which can investigate the situation and, if appropriate, sanction the company. You can also go directly to court, both in the labor jurisdiction (for example, requesting termination of the contract with compensation due to serious breach by the company) and, in serious cases, in criminal proceedings.
Ending the contract at the worker's request, with compensation
If the harassment amounts to a serious breach of the company's obligations (by failing to properly protect the worker), you can request that a court end the contract on these grounds, with the right to compensation equivalent to that of an unfair dismissal, in addition to potentially claiming further damages arising from the harassment itself.
Seek specialized advice as soon as possible
Given the legal and evidentiary complexity of these cases, it's highly advisable to seek advice from a specialized labor lawyer from the earliest stages, to properly guide your documentation and strategy.
If your situation ends in termination of the contract
If your employment relationship ultimately ends, whether through this route or any other, our severance pay calculator helps you estimate the approximate items and compensation you might be entitled to.