Detection of the fact of psychological terror in a natural place ("mobbing") in the event of termination of the employment relationship

Dace Tarasova

Research output: Contribution to conferenceAbstractpeer-review

Abstract

To identify the preconditions for establishing and proving the fact of psychological terror in the workplace "mobbing" by terminating the employment relationship on the basis of an employee's notice. The provisions of the regulatory enactments of the Republic of Latvia and materials of national court practice have been studied and analyzed. Inductive, deductive and comparative methods have been used to implement the research Results. In the case "mobbing" directed against an employee, it is possible to terminate the employment relationship with the employee's notice on the basis of Article 100 of the Labor Law. The case law of the Supreme Court of the Republic of Latvia provides a definition of the term “mobbing” and criteria for legal qualification of mobbing. Mobbing is a psychological terror involving systematic hostile and unethical communication from one or more persons and directed primarily at one individual with the aim of alienating him, excluding him from the team, creating conditions for him to work. Mobbings qualifies as Section 7 of the Labor Law. When resolving the issue of compensation for non-pecuniary damage, Article 29 of the Labor Law is applicable by analogy. The employee is not obliged to prove the existence of moral damage in accordance with Section 1635 of the Civil Law In certain cases, it is permissible to record a conversation between an employee and an employer without informing the employer, and to use this recording in court as evidence for the protection of the employee's violated rights. In the case of “mobbing" directed against an employee, it is possible to terminate the employment relationship with the employee's notice on the basis of Article 100 of the Labor Law conditions. The case law gives a definition of the term “mobbing”, criteria for the qualification of mobbing qualification and methods of obtaining evidence.
Original languageEnglish
Pages12
Publication statusPublished - 24 Mar 2021
Externally publishedYes
EventRSU Research week 2021: PLACES - Rīga, Latvia
Duration: 25 Mar 202125 Mar 2021
https://rw2021.rsu.lv/conferences/places

Conference

ConferenceRSU Research week 2021: PLACES
CountryLatvia
CityRīga
Period25/03/2125/03/21
Internet address

Field of Science

  • 5.5 Law

Publication Type

  • 3.4. Other publications in conference proceedings (including local)

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