{"id":779074,"date":"2022-12-15T15:03:18","date_gmt":"2022-12-15T13:03:18","guid":{"rendered":""},"modified":"2022-12-15T15:07:00","modified_gmt":"2022-12-15T13:07:00","slug":"zakon-pro-zapobigannya-mobingu-pratsivnykiv","status":"publish","type":"post","link":"https:\/\/new.eba.com.ua\/en\/zakon-pro-zapobigannya-mobingu-pratsivnykiv\/","title":{"rendered":"Law on prevention of workplace mobbing"},"content":{"rendered":"<p>On 11 December 2022, the Law of Ukraine &#8221;On Changes to Certain Legislation on Prevention of and Fighting against Mobbing (Bullying)&#8221; (the &#8221;<strong>Law<\/strong>&#8221;) that aims to ensure legal protection of employees from systematic bullying at work became effective. In particular, the Law encompasses a number of provisions which provide the definition of mobbing, its forms and measures of protection of rights of employees who suffered from workplace mobbing. \u00a0\u00a0<\/p>\n<p><strong><em>What is mobbing?<\/em><\/strong><\/p>\n<p>The Law defines mobbing as systematic (repeated) continuous intentional acts or omissions of an employer, certain employees or group of employees of a labour collective, which aim at humiliating the honor and dignity of an employee, his\/her business reputation, including for the purpose of acquiring, changing or terminating his\/her labour rights and obligations, manifested in the form of psychological and\/or economic pressure, in particular with the use of electronic communications, creating a stressful situation for an employee, a hostile, offensive atmosphere, including the one that makes him\/her underestimate professional suitability.<\/p>\n<p><strong><em>Which are the forms of mobbing?<\/em><\/strong><\/p>\n<p>The law envisaged an exhaustive list of forms of mobbing, which are as follows:<\/p>\n<ul>\n<li>creating a tense, hostile, offensive atmosphere in relation to an employee (threats, mockery, slander, etc.)<\/li>\n<li>unjustified negative separation of an employee from the team or his\/her isolation (non-invitation to meetings and conferences in which the employee is entitled to participate, transfer to the unsuitable for this type of work workplace, etc.)<\/li>\n<li>inequality of opportunities for education and career growth<\/li>\n<li>unequal pay for work of equal value, which is performed by employees of the same qualification<\/li>\n<li>unjustified deprivation of part of the employee&#8217;s payments (premiums, bonuses and other incentives)<\/li>\n<li>unjustified uneven distribution of workload and tasks by an employer between employees with the same qualifications and labour productivity who perform work of equal value<\/li>\n<\/ul>\n<p><strong><em>What are the means of legal protection of an employee?<\/em><\/strong><\/p>\n<p>The Law provides several ways of possible response to mobbing, in particular, lodging a complaint with the State Labour Service of Ukraine, and\/or applying to a court.<\/p>\n<p>An employee may also terminate his\/her employment within the period defined by the employee if an employer bullied the employee or failed to take measures to stop workplace mobbing, which is evidenced by a binding court judgment.<\/p>\n<p>An employer, in its turn, may dismiss an employee at its own initiative if he\/she mobbed other employees if such fact is evidenced by a binding court judgment.<\/p>\n<p><strong><em>Compensation for mobbing<\/em><\/strong><\/p>\n<p>An employee who experienced mobbing is entitled to a severance payment upon his\/her termination of employment in the amount not less than 3 average salaries.<\/p>\n<p>In addition, an individual may recover (i) a compensation for medical treatment if mobbing caused health damages, and (ii) moral damages caused by mobbing.<\/p>\n<p><em>For further information, please contact Asters&#8217; Counsel\u00a0<\/em><a href=\"https:\/\/www.asterslaw.com\/our_team\/letych\/\" target=\"_blank\" rel=\"noopener\"><em>Inesa Letych<\/em><\/a>\u00a0<em>and Associate\u00a0<\/em><a href=\"mailto:Iryna.Shaposhnikova@asterslaw.com\"><em>Iryna Shaposhnikova<\/em><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>On 11 December 2022, the Law of Ukraine &#8221;On Changes to Certain Legislation on Prevention of and Fighting against Mobbing (Bullying)&#8221; (the &#8221;Law&#8221;) that aims to ensure legal protection of employees from systematic bullying at work became effective. In particular, the Law encompasses a number of provisions which provide the definition of mobbing, its forms [&hellip;]<\/p>\n","protected":false},"author":4489,"featured_media":450961,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[15576,15575],"tags":[],"class_list":["post-779074","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-articles-en","category-news-and-articles-from-companies-en","company-16360"],"_links":{"self":[{"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/posts\/779074","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/users\/4489"}],"replies":[{"embeddable":true,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/comments?post=779074"}],"version-history":[{"count":0,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/posts\/779074\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/media\/450961"}],"wp:attachment":[{"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/media?parent=779074"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/categories?post=779074"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/tags?post=779074"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}