Expertise in Mobbing

Authors

  • Zoran Ivanov prim. mr. sci Occupational Medicine Specialist, „Vojvodina“ Association of Expert Witnesses Novi Sad
  • Milena Ivanov prim. mr. sci Occupational Medicine Specialist, “Vojvodina” Association of Expert Witnesses Novi Sad
  • Zora Okiljević prim. Occupational Medicine Specialist, Institute for Workers’ Health Protection “Serbian Railways” Belgrade, “Signal” Novi Sad

Abstract

Summary: Mobbing is an English coins and translated as psychological abuse, psychological abuse, psychological
terror, moral harassment. The professional journals are also used other names that relate to this concept so that the English
speaking world encounter the term bullying. In American literature, the present work terms abuse or employee abuse. On
Serbian language area uses the term zlostavljanje at work. Harassment at work is carried out systematic activities that are diffi
cult to prove in the proceedings. These activities are constantly „mutating“ unerringly fi nding the path to the victims in order to
humiliate, ridicule, destabilize and eventually force them to leave the job.
The health consequences of abuse in the workplace („mobingovanje“) are becoming increasingly common reason for addressing
patients‘ general practitioners, the Ombudsman and lawyers. The wider education about the causes of the occurrence and
consequences of mobbing demistikovala to this phenomenon, facilitate their identifi cation and realistic consideration and
pointed out the possibilities for early recognition, mitigate or eliminate these negative phenomena. Psychological support and
a feeling abused person to have one to turn to and ask for help to a great extent to facilitate the resolution of these issues.
A method of protecting against abuse by the employer is a prerequisite of judicial protection, unless specifi ed ex lege exception
when an actor abuses indicated responsible person in the legal entity or employer, being a physical person.
In the event that the mediation process has failed, and the person believes that he abused, may submit a claim to the Basic
Court of territorial jurisdiction. In this dispute, the employee should make it probable that the abuse was committed, while on
the employer to prove that there was behavior that represents abuse.
When abuse is the primary mental pain, are due povrede reputation, honor and rights in proven harassment. Compensation
for injury to reputation, honor, freedom or rights of personality awards if to belittle a person to the extent that it represents the
commission and distress due to the violation of honor and reputation, and made something untrue, off ensive forth in direct
contact between the pest and damaged. The injured party must prove that because of the unlawful conduct (mobizirajuće activities)
pests suff ers distress, and therefore moral damage for which he is entitled to monetary compensation.
Assessment of intensity of emotional pain is složeno.Oni would indirectly be able to determine on the basis of objektivizovanog
„risk amount mobbing“ and serves as the basis for the determination of moral damages for injury to reputation, honor and dignity.
The focus of this phenomenon is usually shifted to the consequences or morbidity persons who are considered harassment
that are diagnosed as: F45.0 Somatization disorder (Disord somatisationalis) F60.3 emotionally unstable personality disorder
(Disord personae emotionalis instabilis), behavioral syndromes associated with physiological disturbances and physical factors
(Syndromae morum cum disordinibus physiologicis et factoribus Physicis associatae.)
In addition to the code indicating the nature of the disease should be referred to the cause from the environment to obtain additional
information for analysis (more) obolenja.Nailazi in external causes of morbidity and mortality (V01-Y98) code scene and activity
code stratifying labeling Activity injured person at the time when the event occurred; („In the course of paid work“) as well as
„other external causes of injury (W00 - X59) in the head,“ violence „(X85-Y09) stating Y07 („ other bad practices „as mental cruelty,
physical abuse, sexual abuse, torture ). Specify these procedures are of „foreign offi cial authority“ Y07.3 or „by other designated
person“ Y07.8. This would mobbing was decisive set (eg, F60.3 / Y07.8) compared Z56.2 - the threat of losing their jobs, Z.56.3 - stress
due to work overload, Z56.4 - disagreement with the employer and colleagues pointing directly the primary cause of diseases.
There are many more cases of abuse at work than recorded. Employees are reluctant to charge in the court on the grounds of
evidence of abuse because at the crucial moment fail „reliable witnesses“.
Due to the injury to reputation, honor and dignity of a person is determined by the existence of temporary mental pain and its
intensity based on the degree of risk germinal mobbing and used for judging and claiming non-pecuniary damage.
Pointing to the cause - and eff ect, temporal and spatial relationship sickness creates conditions for the reduction of life activities
after a period of ill-treatment and assessment of the time and intensity of emotional pain, mental suff ering and fear after
abuse which forms the basis for claims adjudication and non-pecuniary damage

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Published

2023-08-28

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