Straining

Definition

This term is used by some courts (as it is not a universally recognized concept) to describe a milder form of bullying, in which workplace conflict is directed at a worker with the aim of marginalizing or excluding them from the workplace. It manifests itself through a single act or a series of non-continuous actions, provided that such behavior has a causal impact on the victim's mental or physical health.

Protection

Since there is still no specific legislation, the (limited) case law that recognises this concept relies on Civil Code provisions concerning contractual (Article 2087) and non-contractual liability (Articles 2043 and 2049) to protect victims in both the public and private sectors.

Example?

I take a serious punitive action, such as marginalising and demoting a worker, resulting in medically certified, generalised anxiety disorder.

Project carried out as part of MUSA – Multilayered Urban Sustainability Action, finanziato dall’Unione Europea – NextGenerationEU, PNRR Mission 4 Component 2 Investment Line 1.5:
Creation and strengthening of “innovation ecosystems,” building “local R&D leaders.”

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