MOBBING: ESSENCE AND LEGISLATIVE REGULATION OF THE PROTECTION OF LABOR RIGHTS OF EMPLOYEES

Abstract

The article analyzes the essence of the social phenomenon of mobbing, as well as investigates the types and causes of mobbing. An analysis of the regulatory regulation of psychological pressure in European countries and at the national level, in relation to overcoming and protecting against mobbing, has been carried out. It is substantiated that the problem of restoring the violated rights of employees remains extremely acute and relevant. It was established that the most effective way to combat psychological pressure and rudeness in the workplace is protection at the legislative level. Conclusions and proposals have been made regarding the improvement of legal regulation in this area in order to ensure a dignified treatment of the employer and other colleagues. Since any discriminatory oppression must definitely be limited and regulated within the framework of the legal field in order to ensure a healthy psychological climate in the workforce. The article examines the current legislation of Germany and France on the prohibition of mobbing in the workplace. It is noted that the experience of these countries is progressive and primarily aimed at protecting the honor and dignity of the worker and strengthening the democratic foundations of the development of European society. In Germany, as in France, an important role in the fight against mobbing is played by trade unions, which monitor this phenomenon and provide protection to victims of mobbing. Conclusions about the positive experience of developed countries regarding the legal mechanism for protecting employees from mobbing when implementing anti-mobbing agreements are formulated, which can be useful for the domestic legislator when reforming labor legislation. It is argued that the national legislation today contains a sufficient volume of legal norms that determine the grounds for dismissal in case of mobbing by an employee or manager or failure to take measures to stop it by the head of the enterprise, provided that the specified fact is proven by the court, which are consistent with the fundamental norms of international law, in which the principle is embedded prevention of any kind of discrimination. General conclusions were made and proposals were made for improving legal regulation in the outlined area.