Workplace relations are nowadays crucial to the success of an organisation. Employees work well in the workplace if they have a relaxed working environment, get along well with their colleagues in the workplace and resolve conflict situations amicably and peacefully. However, in some cases, workers are exposed to light or heavy conflict situations and feel discomfort and humiliation. This is a form of workplace bullying or workplace mobbing, which is a form of psychological violence in the workplace.

TWorkplace bullying is any repeated or systematic, reprehensible or flagrantly negative and offensive treatment or behaviour directed at individual workers in the workplace or in connection with work. A worker who is the victim of ill-treatment shall not be subjected to adverse consequences as a result of action aimed at enforcing the prohibition of ill-treatment in the workplace.¹

Article 34 of the Constitution of the Republic of Slovenia provides that everyone has the right to personal dignity and security.

Furthermore, Article 35 of the Constitution of the Republic of Slovenia provides that the inviolability of a person’s physical and mental integrity, his or her privacy and personality rights is guaranteed.

Article 7 of the Labour Relations Act (hereinafter: “ZDR-1”) provides that sexual and other harassment is prohibited. Sexual harassment is any form of unwanted verbal, non-verbal or physical conduct or behaviour of a sexual nature with the effect or intent of violating a person’s dignity, in particular when it is intended to create an intimidating, hostile, degrading, humiliating, embarrassing or offensive environment. Harassment is any unwanted behaviour related to any personal circumstance, with the effect or intent of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, embarrassing or offensive environment. Sexual and other harassment referred to in the preceding paragraph shall be considered discrimination under the provisions of this Act. Refusal by the affected applicant or employee to engage in the conduct referred to in paragraph 1 of this Article shall not constitute a ground for discrimination in employment and occupation. Workplace harassment shall be prohibited. Workplace harassment is any repeated or systematic, reprehensible or manifestly negative and offensive treatment or behaviour directed against individual workers in the workplace or in connection with work. A worker who is the victim of ill-treatment shall not be subjected to adverse consequences as a result of action taken to enforce the prohibition of ill-treatment in the workplace.

Article 8 of the ZDR-1 provides that, in the event of a breach of the prohibition of discrimination or ill-treatment in the workplace, the employer is liable to the applicant or employee for damages under the general rules of civil law. Non-pecuniary damage suffered by a candidate or an employee shall also be deemed to include mental anguish suffered as a result of unequal treatment of the employee or discriminatory treatment by the employer or as a result of the failure to provide protection against sexual or other harassment or ill-treatment in the workplace in accordance with Article 47 of this Act. In assessing the amount of pecuniary compensation for non-pecuniary damage, account shall be taken of the need for it to be effective and proportionate to the damage suffered by the candidate or worker and to deter the employer from repeating the infringement.

Furthermore, Article 47 of the ZDR-1 provides that the employer is obliged to provide a working environment in which no worker will be subjected to sexual or other harassment or ill-treatment by the employer, his or her superiors or co-workers. To this end, the employer must take appropriate measures to protect workers from sexual and other harassment or ill-treatment in the workplace.

179. Article 179 of the Code of Obligations (hereafter: “OZ”) provides that, for physical pain suffered, for mental pain suffered as a result of a reduction in the activity of life, defilement, defamation of reputation or honour or impairment of liberty or of a right of person or the death of a loved one, and for fear, the injured party is entitled, if the circumstances of the case, and in particular the degree of pain and fear and their duration, so justify, to just pecuniary compensation, irrespective of the recovery of material damage, even if there is no material damage.

Last but not least, mobbing or workplace bullying also constitutes the offence of workplace bullying under Article 197 of the Criminal Code (hereinafter: “KZ-1”). The first paragraph of this Article provides that anyone who, at work or in connection with work, by means of sexual harassment, psychological violence, ill-treatment or unequal treatment, causes humiliation or intimidation to another employee, shall be liable to imprisonment for up to two years. Paragraph 2 further provides that if the act referred to in the preceding paragraph results in a psychological, psychosomatic or physical illness or a reduction in the employee’s work performance, the offender shall be liable to imprisonment for a term not exceeding three years.

As can be seen from the quoted legal provision, workplace bullying takes four forms: sexual harassment, psychological violence, ill-treatment or unequal treatment; however, the occurrence of any one of these is sufficient to constitute a criminal offence. Since the Criminal Code does not define these terms, it is necessary to apply the provisions of Article 8 of the ZDR-1, which defines them. However, the provisions of the ZDR-1 do not contain a definition of psychological violence, which is why the provisions of the Act on the Prevention of Domestic Violence apply mutatis mutandis, despite the fact that that Act does not deal with violence in the workplace. That Act defines psychological violence as conduct by which the perpetrator of violence causes fear, humiliation, feelings of inferiority, threat and other mental distress in the victim.²

The worker has several legal options, both civil, which means that the worker can claim financial compensation, and criminal, which means that the worker can report the offence or file a criminal complaint with the police or the public prosecutor’s office.

[1] Pisnik Suzana, Mobbing at the workplace, Pravna praksa, No. 41-42, 2016, pp. 17-19.

[2] Decision VIII Ips 48/2015 of 17 May 2016 (in relation to the decision of the Higher Labour and Social Court Pdp 571/2014)