Ion NEFLIU, The Mobbing, an Insidious Form of Violence

 

We are beginning from a practical example, a very recent case of French jurisprudence, which proves that violence against person is presenting itself at the start of 21st century under new and subtle forms of manifestation.

Case-law
On 27th March 2008, 2 directors of Carrefour Supermarket from Sallanches, Haute-Savoie has been condemned, in first instance, on 6 months imprisonment with suspension for the mobbing of a department's chief, respectively in case of one of them for the mobbing of other employee.

The deeds of mobbing had been happening from September 2001 to May 2002 and consisted in hassling acts, for instance phoning to domicile, supressed holidays, repeated summons, in general and coarse espionage,"until the toilet's door".

In front of the court, the accused for mobbing invoked the following defense, based on the chain of psychological pressure which pushes from up to down on every employee from the part of big dealers:"I made nothing but to apply the received requirements. Stéphane T. [the department's chief] transformed in mobbing the professional requirements, which he didn't meet."

For the mentioned offence, the punishment provided in art. 222-33-2 French Penal Code is the imprisonment until at most one year or 15.000 Euro penal fine.

The injured parts received the decision of condemnation with suspension, at the end of so many years of judicial procedures, as a great liberation and comforted themselves with the idea that it was proved bz power of res judicata they weren't "imaginary sick persons"(des malades imaginaires). They literally declared :"Maybe it can't be seen on our faces, but psychologically we are destroyed."

This case, gotten by us from the French communist reputable newspaper and reported all over the French press and which even came in the close scrutiny of General Prosecutor of the French Republic, is typical for the mobbing at workplace.

[will be continued...]

Related Links

The Mobbing Encyclopaedia.Heinz Leymann
Harcèlement moral.Alain Noury
Harcèlement moral.Marie- France Hirigoyen
Acoso Moral-Articulos juridicos
El Refugio-Violencia psihologica en el trabajo y en la vida cotidiana.Articulos Juridicos

Sources:1.l'Humanité - Harcèlement. Deux cadres condamnés ; 2.Code pénal et de procédure pénale,Dalloz,Paris,2005; 3.Marie-France Hirigoyen-Malaise dans le travail,Syros,2001; 4.Rodrigo Cristiano Molon-Assédio moral no ambiente do trabalho e a responsabilidade civil; 5.prof.Ignacio Piñuel- El acosador es una persona poco brillante;  6.Daniel Higueras-El asedio immobiliario;7.Patricia B. Barbado-El acoso psicologico...y su tratamiento en la jurisprudencia española;8. M.Muñoz-Acoso moral y Dignidad; 9.Camelia Bogdan-Reglementarea mobbingului în legislaţia penală română, RDP 1/2008, pag.112-118;1 0.Costel Gîlcă-Hărţuirea morală la locul de muncă, Revista Română de Dreptul muncii, 1/2005, pag.101-106.

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Ion Nefliu,
Coordinator penale.ro

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