Workplace bullying can take different forms.  One can distinguish between harassing acts that use the means of management prerogatives provided for in employment law (e.g., unjustified warnings, unjustified denial of promotion, instructions that are impossible to be carried out) and those that rely on interpersonal behavior, ranging from social exclusion and insults, to assaults, and even battery. Whereas the first type can be used only by the employer and a supervisor that has authority over the worker, coworkers are able to harass only by means of interpersonal behavior.  In the legal context, however, not every spiteful act establishes a claim based on mobbing.  Rather the bullying acts must have occurred over a longer period of time, attained a certain degree of gravity, and appear to be, as links in a chain, parts of a systematic harassment. German law has no special statutory provisions dealing with workplace bullying. The victim is limited to the general employment and civil law protections.  The employer has the duty to take care of the rights and legal interests (in particular health, right of personality, and property) of his employees, section 241, paragraph (2) German Civil Code23 and section 75 Work Constitution Act of 1972 (Betriebsverfassungsgesetz). If the employer infringes these rights or interests, the employee can seek injunctive relief and compel the employer to refrain from further “mobbing acts” (sections 611,25 241, paragraph (2) German Civil Code). But section 241, paragraph (2) of the German Civil Code is interpreted even more broadly in that it obliges the employer to protect the employee against the behavior of supervisors, co-workers and third persons on which he exercises influence; and, (ii) organize his company in a way that reduces the possibility of such violations. The employer violates the first of these duties if he does not take the appropriate measures against workplace bullying when made aware of it. The victim may demand that the employer take action (Einwirkungspflicht). This action can range from mere reprimands, warnings, or transfers (to another place of employment) to terminations with or without notice for the offender. The employer in general has wide discretion in the choice of measures he wants to take. The victim can demand a specific action only if this sanction adequately protect him and is at the same time lawful and reconcilable with the employer’s own interests. For instance, the termination of the offender’s employment contract is, in general, possible only after he has been warned at least once before. if the mobbing behavior violates the victim’s health, right of personality, or property, the victim can sue for injunctive relief based on an analogous application of section 1004, paragraph (1) of the German Civil Code.35  In addition, in cases of libel or false statements, section 1000, paragraph (1) German  Civil Code gives the victim a right to demand a (public) withdrawal of these.

Chapter 1: Introduction to Workplace Bullying

Chapter 2: Types of Harassing Acts in the Workplace

Chapter 3: Legal Aspects of Workplace Bullying

Chapter 4: German Law and Workplace Bullying

Chapter 5: Employer's Responsibilities in Preventing Mobbing Acts

Chapter 6: Employer's Obligations Towards Employee Protection

Chapter 7: Victim's Rights and Remedies

Chapter 8: Specific Actions and Their Adequacy

Chapter 9: Legal Remedies for Mobbing Behavior

Chapter 10: Workplace Bullying Policies and Procedures

Chapter 11: Investigating Workplace Bullying Complaints

Chapter 12: Addressing Retaliation in Workplace Bullying Cases

Chapter 13: Mediation and Conflict Resolution in Workplace Bullying Cases

Chapter 14: Supporting Targets of Workplace Bullying

Chapter 15: Creating a Positive Work Environment to Prevent Workplace Bullying

Chapter 16: Legal Considerations for Employers in Workplace Bullying Cases

Chapter 17: International Perspectives on Addressing Workplace Bullying

The Silent Killers: Mobbing, Bossing, Staffing