Answered by Johan Pastarus, Mental Health Consultant at the Labour Inspectorate:
Our legislation does not define what constitutes workplace bullying. However, it is a workplace hazard and falls within the scope of discrimination, against which the employer must protect the employee. In case law, workplace bullying has been deemed to consist in hostile and unethical behaviour which is systematic and long-lasting and is directed at one or more persons, who are put in a helpless and vulnerable position as a result. However, one-time conflicts or misunderstandings are not regarded as workplace bullying: the deciding factor is repeated unpleasant behaviour.
The concept of ‘workplace bullying’ implies ‘unethical’ and ‘unpleasant’ behaviour, which are not always commonly understood. People perceive their social experiences differently and the desire to deal with them depends on the individual. Defining these words must remain the responsibility of the organisation through its internal communication. Every working environment and its social climate is different, driven not only by individual motivation but also by company values, internal rules and procedures, and working practices. The employer should set out the company’s code of conduct and what constitutes unwelcome behaviour. Organisational values often create the space where goals and attitudes are aligned.
Whispering, gossip and perceiving a bad atmosphere can interfere with work, as more energy goes into damage prevention and fear. If there is a problem, we should check what processes are in place within the company to deal with such concerns. It is required by law that the employer must map out the risk factors for discrimination, ie unfair behaviour, bullying and harassment, and establish methods to address them. These methods should be reflected in the company’s risk assessment, which employees should familiarise themselves with before starting work.
The most logical method to address such concerns is an internal system. It is important for the employee to know who they can easily turn to in case of a problem: a human resources specialist, a working environment representative, a line manager, a working environment specialist or another colleague. It is important to write down the issue and focus on three points: what is the problem, what are the employee’s suggestions for solving the problem and what was decided. The employer can only intervene if they are aware of the problem. Often, the Labour Inspectorate is contacted before the employer is informed of the concern. The initial intervention must come from the employer.
If internal methods such as discussions, changes in the work organisation, job changes or working time adjustments have not sufficed, it is possible to ask for outside help. This could be an occupational psychologist or a coach, for example. A third-party perspective can provide solutions that may not be apparent in the day-to-day working environment.
It is important to keep in mind that many problems can be solved through discussion, including by talking directly to those spreading the rumours. Maybe there is an underlying miscommunication or misunderstanding. However, if the problem is really related to the working environment, it is worth reporting it to your employer. Everyone’s goal should be to get the job done without physical or mental harm.
The Working Life Portal also provides a more comprehensive guide on what to do in case of workplace bullying.
