workplace bullying and harassment the current situation in germany dr. martin wolmerath tokyo,...

Workplace Bullying and HarassmentThe current situation in Germany

Dr. Martin Wolmerath

Tokyo, 27.02.2013

©Dr. Martin Wolmerath, 2013 2

Contents

• The early days of the discussion• Definition• Figures and facts• Consequences• Background and reasons• Legislation and national policies• Judiciary• Intervention and prevention in companies• The importance of voluntary organizations• Future prospects


Contents

• The early days of the discussion• Definition• Figures and facts• Consequences• Background and reasons• Legislation and national policies• Judiciary• Intervention and prevention in companies• The importance of voluntary organizations• Future prospects

4

The early days of the discussion (1)

• 1993: „Bullying. Psychoterror in the workplace and how you can defend yourself against it“ (Heinz Leymann)

• Employees: „Mobbing“ made it possible to speak about a serious problem

• Employers: Workplace bullying does not exist

©Dr. Martin Wolmerath, 2013


The early days of the discussion (2)

• Politics and society: no ideas and no unterstanding what was happening and no solutions

I always thought bullying is a job of a cleaning lady

Paloma Verlag, © Herbert Gutsch


Contents

• The early days of the discussion

• Definition• Figures and facts• Consequences• Background and reasons• Legislation and national policies• Judiciary• Intervention and prevention in companies• The importance of voluntary organizations• Future prospects


Definition – Esser & Wolmerath

Bullying is a process happening in the working environment, where destructive actions of various kinds against individuals are made repeatedly and over a longer period and are perceived by the aggrieved party as an infringement and violation of their personandwhere the unbridled course for those concerned basically leads to the fact that their psychological state and health are increasingly impaired, their isolation and exclusion in the workplace increase, however, the opportunities to a satisfactory solution dwindle and frequently end in the loss of their work sphere.


Definition – § 3 Abs. 3 AGG

Somebody harasses someone when unwanted intentional or unintentional conduct violates the dignity of the other person and an offensive environment that is marked by intimidation, hostilities, degradation and humiliation is created.


Contents

• The early days of the discussion• Definition

• Figures and facts• Consequences• Background and reasons• Legislation and national policies• Judiciary• Intervention and prevention in companies• The importance of voluntary organizations• Future prospects


Figures and facts (1)

• 3.5 % of total employment ≈ 1.4 million people ≈ in almost every other company

• Every fourth to ninth employee during their working lives

• In every business = private and public sector• More cases in small and medium sized

companies than in companies with 250 employees or more



• High risk in the field of private sector services, public service and trade

• ⅔ to ¾ bullying cases happen to women• All age groups, but higher numbers in the age

group 30 – 49• Duration: long term employment does not

protect against bullying• ≈ 50 % carried out by superiors, ≈ 50 % by

colleagues, 1.5 – 2.3 % by subordinates



• „Möglichmacher“ (facilitator)• Verbal actions are in the foreground• Cyber-bullying: minor importance


Contents

• The early days of the discussion• Definition• Figures and facts

• Consequences• Background and reasons• Legislation and national policies• Judiciary• Intervention and prevention in companies• The importance of voluntary organizations• Future prospects


Consequences

• Victim: health, job, 2,000 suicides (men: 1,500; women: 500)

• Bully: legal sanctions are more theoretical, „Angst-Mobber“ (fear-bully)

• Company and employees: costs of around € 15 billion an year (business costs)

• Society: loss of social skills and verbal communication, increase of violance, no figure about the costs


Contents

• The early days of the discussion• Definition• Figures and facts• Consequences

• Background and reasons• Legislation and national policies• Judiciary• Intervention and prevention in companies• The importance of voluntary organizations• Future prospects


Background and reasons

• Highly individualized and based on the secific case

• Possible causes: enviroment, social system, personal system, person of the bully, person of the victim

• High unemployment rate• Big changes in the world of employment• Unification of two different political systems• Progressive individualization


Contents

• The early days of the discussion• Definition• Figures and facts• Consequences• Background and reasons

• Legislation and national policies• Judiciary• Intervention and prevention in companies• The importance of voluntary organizations• Future prospects


Legislation and national policies

• No specific legislation• No legislative action • § 238 StGB: Stalking is criminal• It seems that the national policies deny the

problem• Bills from the small parties (pirate party: 2013;

PDS [now: the left]: 1997) have no chance


Contents

• The early days of the discussion• Definition• Figures and facts• Consequences• Background and reasons• Legislation and national policies

• Judiciary• Intervention and prevention in companies• The importance of voluntary organizations• Future prospects


Judiciary

• Bullying is more on the periphery• Only a few decisions• Only a very few legal proceedings were successful• Court is no place to resolve a conflict• 26.07.2012: Mediationsgesetz (law for promotion

of mediation and other methodes of alternative dispute resolutions)

• Federal Labour Court: important judgement of 25.10.2007


Contents

• The early days of the discussion• Definition• Figures and facts• Consequences• Background and reasons• Legislation and national policies• Judiciary

• Intervention and prevention in companies• The importance of voluntary organizations• Future prospects


Intervation and prevention in companies

• Company agreements between work councils and employer are essential

• One good example:


Contents

• The early days of the discussion• Definition• Figures and facts• Consequences• Background and reasons• Legislation and national policies• Judiciary• Intervention and prevention in companies

• The importance of voluntary organizations• Future prospects


Importance of voluntary organizations

• Mobbing Hotline Baden-Württemberg (bullying hotline Baden-Württemberg)

• MobbingLine Nordrhein-Westfalen (bullying line North Rhine-Westfalia)

• TelefonSeelsorge (crisis helpline)


Contents

• The early days of the discussion• Definition• Figures and facts• Consequences• Background and reasons• Legislation and national policies• Judiciary• Intervention and prevention in companies• The importance of voluntary organizations

• Future prospects


Future prospects

• Works councils and employers have to act• Aging society means that the active workforce

will become more valuable• The last hope:


Thank you very much for your attention and interest

workplace bullying and harassment the current situation in germany dr. martin wolmerath tokyo,...

Documents

martin wolmerath tokyo

discussion definition

early days

workplace bullying

facts consequences background

herbert gutsch slide

reasons legislation

medium sized companies