On some aspects of the fight against mobbing: problems of rulemaking and judicial practice

Abstract

The article is devoted to the analysis of the problem of combating mobbing. The article substantiates that mobbing is not just an interdisciplinary concept, but also quite thoroughly rooted in common sense. Second, the everyday understanding of mobbing is clearly manifested in the claims of employees against employers, which were analyzed in the article. It was concluded that a request for a legislative ban on mobbing and its delineation was already quite ripe in society. The authors proposed a definition of mobbing, which they propose to include in the Labor Code of the Russian Federation. Also, the authors analyzed the current capabilities of employees in the fight against vertical mobbing (bossing). In particular, attention was paid to the provision of Art. 195 of the Labor Code of the Russian Federation, which gives the right to the representative body of employees to demand that the head of the organization be brought to disciplinary responsibility up to dismissal. The grounds for dismissal, which can be applied to the manager in the event of a boss, are analyzed. It was concluded that without a legislative ban on mobbing, bringing the head of the organization to justice is quite difficult. Also, by-laws, which mention mobbing, in the field of education, were analyzed. It was concluded that the state and local governments are making certain efforts to combat mobbing, but these efforts are aimed at mobbing in relations between students. As for the fight against mobbing of teachers in relation to students and each other, the authors identified 3 grounds for dismissal, according to which, according to the current legislation and judicial practice, a teacher can be dismissed.