| Abstract [eng] |
This Master's thesis reveals the theoretical and practical aspects of mobbing legal regulation based on international, European Union, Republic of Lithuania and other foreign national legal acts and relevant case law, scientific publications of various Lithuanian and foreign authors, as well as recommendations and relevant interpretations in the context of mobbing, issued by international organisations, European Union and state institutions. This Master's thesis analyses the definition of mobbing, discusses the concept of mobbing and psychological violence, as well as the main aspects of the types, manifestations and causes of mobbing, and reviews the legal regulation of mobbing in the Republic of Lithuania and other foreign countries. It also presents relevant practice of the Republic of Lithuania and other foreign countries courts, identifies the main practical aspects of mobbing, reveals the possibilities of redress for persons who have suffered mobbing in the work environment, discusses ways of preventing mobbing and presents alternative solutions to combat mobbing in organisations. Due to differences in cultural and social attitudes, countries have adopted different legal instruments to combat mobbing. Since only a few foreign legal instruments could be considered sufficient to protect individuals against mobbing, the problem of mobbing can only be tackled at both national and international level if there is a common understanding and recognition of this social phenomenon. In particular, the current legal regulation of the Republic of Lithuania relating to the protection of the honour and dignity of the employee does not provide comprehensive legal protection for victims of mobbing in the workplace, therefore it is necessary to amend the Labour Code by establishing a definition of mobbing, an obligation for the employer to have an internal mobbing policy, and a general obligation for all employers to provide a secure channel for reporting offences. However, in addition to the need for clarity in the legal regulation of mobbing, the independent efforts of individual organisations to ensure the moral well-being of their employees are also important. |
