Workplace Harassment (Mobbing): Employer Obligations and Legal Risks

Workplace harassment and harassment related to work (hereinafter: mobbing) is not merely a problem between the perpetrator and the victim — it is also a legal risk for the employer in whose organization the harassment occurs. Proceedings for protection against workplace harassment inevitably involve the employer. The reason is simple: the Law on Prevention of Workplace Harassment requires the employer to ensure a work environment free from harassment and to react when a problem arises.

“The employer is obliged, for the purpose of creating the conditions necessary for a healthy and safe working environment, to organize work in a manner that prevents the occurrence of harassment at work and in connection with work and to provide employees with working conditions in which they will not be exposed to harassment at work and in connection with work by the employer, a responsible person, or other employees.”

When a case of mobbing occurs, it often turns out that the employer had no procedures in place, failed to react in time, or cannot prove that reasonable preventive measures were taken.

Below are the key steps an employer can take to reduce the risk of mobbing and, if a complaint arises, demonstrate lawful and responsible conduct.

What Constitutes Mobbing in Legal Terms

Mobbing (workplace harassment and harassment related to work) is any active or passive conduct toward an employee or a group of employees that is repeated and that has the purpose or effect of violating the dignity, reputation, personal and professional integrity, health, or position of the employee. It may create fear, a hostile, humiliating, or offensive environment, worsen working conditions, or lead to the isolation of the employee or induce the employee to terminate employment or another engagement on their own initiative.

Examples of such conduct include:

• Continuous belittling or insulting

• Excluding an employee from communication or work processes

• Assigning impossible deadlines or unjustified tasks

• Withholding information necessary for work

• Threats, pressure, or humiliating comments

• Abuse of a superior position

Harassment also includes encouraging or inciting others to engage in such behavior.

The perpetrator may be:

1. The employer as a natural person (entrepreneur),

2. A responsible person within a legal entity (director, legal representative, authorized person),

3. An employee, or

4. A group of employees.

It is important to emphasize that a single conflict or one-time unpleasant situation is usually not sufficient to legally qualify as mobbing. Continuity in behavior and the intent to isolate the targeted employee or induce resignation are required.

Why the Employer May Be Liable Even Without Participating in Harassment

The Law on Prevention of Workplace Harassment is based on the premise that the employer is responsible for organizing work and the working environment. This means the employer will be involved in proceedings:

• If preventive measures were not implemented,

• If the employer failed to respond to a complaint,

• If an internal procedure was not initiated,

• If the employee was not protected during the procedure,

• If established harassment was not sanctioned.

In other words, the employer’s risk lies not only in whether harassment occurred, but also in whether the employer demonstrated efforts to prevent and address it.

What Effective Prevention Looks Like in Practice

1. Clear Internal Rules as the First Line of Protection

Most problems arise with employers who lack clearly defined rules of conduct and procedures.

An employer should have:

• A Rulebook on Work or a separate internal act regulating the prohibition of harassment, in addition to the mandatory Rulebook on Rules of Conduct for Prevention and Protection from Workplace Harassment;

• A code of conduct or communication policy;

• A clear definition of unacceptable behavior;

• Periodic employee training on harassment and its prevention;

• A defined complaint and resolution procedure.

These rules serve a dual function:

1. Preventive — employees understand the boundaries;

2. Evidentiary — the employer can demonstrate that behavioral standards were defined in advance.

Without these documents, it is difficult for an employer to prove that a safe working environment was ensured.

2. Informing Employees Is Not a Formality

The law requires that employees be informed about the prohibition of harassment and the protection procedure. In practice, employers often believe it is sufficient to obtain a signed acknowledgment or send the document by email.

Effective prevention includes:

• Providing the notice upon hiring and ensuring the employee is genuinely informed;

• Making the document available on the intranet or notice board;

• Periodic internal training or reminders;

• Clearly designating a person or channel for reporting harassment.

When employees know where and how to report a problem, there is a greater chance of early intervention.

3. Prompt Reaction Prevents Escalation and Litigation

One of the most common mistakes is ignoring the first complaint or attempting to resolve the issue informally without documentation.

When an employer receives a complaint — even informal information — it is necessary to:

• Record the complaint;

• Initiate an internal procedure in accordance with the law;

• Inform the parties of the procedure;

• Attempt amicable resolution (e.g., mediation);

• Keep minutes of all steps taken.

Even if harassment is later found not to have occurred, documented engagement demonstrates lawful and conscientious conduct.

4. Neutrality and Protection of Both Parties

The employer must not take sides in advance. Regardless of who is accused, the employer must ensure a fair procedure.

This includes:

• Protection of the complainant from retaliation;

• Protection of the accused from public stigmatization;

• Confidentiality of the process;

• The right of both parties to be heard;

• A reasonable timeframe.

Maintaining neutrality is especially challenging when the alleged harasser is the employer’s direct representative (entrepreneur, director), but even then a neutral person — usually from HR — must conduct the procedure.

5. Documentation Is the Key Evidence in Disputes

In labor disputes, courts assess not only what happened but also how the employer reacted.

It is important to have:

• Records of complaints and interviews;

• Decisions initiating procedures;

• Notes from mediation;

• Internal decisions and measures;

• Proof that employees were informed of the rules.

Without documentation, the employer’s position is significantly weaker.

6. Prevention Through Work Organization

Mobbing often develops in environments with unclear responsibilities, inconsistent performance evaluation criteria, poor communication, or tolerance of unprofessional conduct because certain employees are “important for the business.”

Risk is reduced when the employer:

• Clearly defines job descriptions;

• Implements transparent performance criteria;

• Maintains records of tasks and internal communication;

• Responds to “minor” conflicts while they are still manageable.

Proper work organization is often the best defense against later allegations.

7. What If Harassment Is Established?

If internal proceedings confirm harassment, the employer must take measures, which may include:

• Warning;

• Reassignment;

• Disciplinary measures;

• Termination of employment (in severe cases).

Failure to act after harassment is established significantly increases litigation risk and potential liability for damages.

Common Employer Mistakes

In practice, the same omissions recur:

1. No written rules prohibiting harassment;

2. Employees are not informed about procedures;

3. Complaints are ignored or handled verbally;

4. Procedures last too long;

5. The employer attempts to protect the harasser at all costs;

6. No documentation of measures taken.

Courts often interpret such situations as a failure to ensure a safe working environment.

Conclusion

Workplace mobbing is not merely an interpersonal issue, but a legal matter that may lead to litigation, damages, and significant reputational risk for the employer.

An employer with clear rules, informed employees, defined procedures, and documented responses significantly reduces the likelihood of liability or losing a dispute.

In practice, the difference between companies that successfully resolve cases internally and those that end up in court is not whether conflict existed, but whether the employer did everything reasonably possible to prevent and address harassment.

Law Firm Petrović Mojsić & Partners