Bullying

Definition

This term refers to a form of systematic and persistent conflict lasting at least six months. It is characterised by hostile (though not necessarily unlawful) behaviours aimed at marginalising or excluding a worker from the working environment. This causes harm to their mental and physical health. In case law, what matters is the existence of a real power imbalance in favour of the bully, regardless of whether the perpetrator is hierarchically superior, subordinate, or at the same level as the victim.

Protection

As there is no specific legislation in Italy, case law relies on the provisions of the Civil Code, particularly those concerning contractual (Article 2087) and non-contractual (Articles 2043 and 2049) liability, as well as the Penal Code. The latter includes the offence of STALKING, which is punishable under Article 612-bis.

Example?

A worker is marginalised and repeatedly humiliated for at least six months. They are also unlawfully punished with the intent to persecute, resulting in a medically certified diagnosis of generalised anxiety disorder.

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