They harass me in the workplace. How do I protect myself?

 

A few months ago I changed my workplace. One of my new colleagues, however, has a rough attitude towards me - screaming and giving me insulting qualifications. What are my rights in this situation? How do I protect myself? Is this attitude harassment in the workplace, or only physical and sexual violence falls within this category?

 

First, in what circumstances can I believe that bullying is being harassed against me?

I will be harassed in my workplace if I have unwanted physical, sexual or verbal behavior that damages my dignity. This type of harassment is perceived as discrimination based on any sign of gender, race, ethnicity, religion, age, political affiliation, sexual orientation, and others. For example, sexual harassment is defined as discrimination based on my gender.

 

 

 Harassment is not only physical, but also psychologically directed unwanted behavior. For example, causing negative feelings and emotions in me, as well as creating hostile, abusive, degrading or threatening work environments, is harassment against me.

 

Regardless of whether harassment occurs psychologically (through insults) or physically (through violence), it is illegal behavior and I can look for my rights.

 

Whom should I turn to if I am the victim of harassment at my workplace?

If I'm in a similar situation, I must immediately inform my employer of the undesirable actions I have made.

 

Important! My complaint must be addressed, whether in writing or verbally, to my employer, not to my direct manager or just to a superior. My employer is the company for which I work and the persons who represent it (I can check them in the Commercial Register).

 

This is because my employer is legally obliged to protect me from all forms of discrimination and harassment at work and to protect my dignity during the working process. Not only does he not have to do it, he also does not allow harassment against one of his employees. If he fails to fulfill these obligations, he is responsible.

 

My complaint must also be made personally by me and not by a third person (for example, another colleague who has witnessed the incident). I must also clearly present the facts and circumstances in which the behavior undesirable to me has occurred.

 

What should my complaint be?

After informing my employer about the incident, she is required to perform a check, to take measures to stop the harassment and to impose (if deemed necessary) a disciplinary punishment against the perpetrator.

 

First of all, after receiving my complaint, he must perform an immediate check. It is a conversation with the accused person, additional conversations with me, inquiries of other colleagues (if they have witnessed the incident), gathering evidence (if any), and others. The goal is for the employer to establish firmly that harassment has been committed against me.

 

Once the employer has established the facts and circumstances, she has to take measures to stop the harassment. The aim is to be protected from a new unwanted attitude. Such a measure would, for example, move the perpetrator to another department, room or building.

 

The last action of my employer is to initiate disciplinary proceedings against my colleague. Based on the severity of the violation and the circumstances in which it was committed, the employer will decide whether to impose a disciplinary punishment and what it will be. Possible penalties are a note, a dismissal or dismissal notice.

 

What should I do if my employer does not take any action?

If he does not fulfill his obligations and the bullying against me continues, I can turn to the Commission for Protection against Discrimination, where I have the opportunity to appeal against my employer. Information on the procedure for reporting to the Commission can be found here.

 

The Labor Inspectorate could also help me. There I can not only get advice on how to defend myself, but I also have the opportunity to file a complaint again.

 

In this situation, when my employer fails to take measures to protect me, he is subject to a sanction. It can be expressed in both a fine of up to BGN 2,000 and a heavier penalty.

 

When should I turn to the police?

In addition to being a disciplinary offense, workplace harassment may in some cases constitute a crime. This would be the case, for example, if physical trauma, gross insult, coercion, sexual violence and others were committed against me. In these cases, as well as if I am seriously afraid, I should also turn to the police. Under these circumstances, I can seek legal assistance and defend my rights through legal proceedings. My colleague then, in addition to receiving a disciplinary punishment, can also incur criminal liability, even if he is imprisoned.