Identify, prevent and take action against these practices
To identify moral harassment, employees and employers need to know what moral harassment is: it is repetitive behavior by another employee or the employer himself, who may or may not be at the same hierarchical level, and who by an action or omission affects the employee’s self-esteem, exposing him to embarrassing and humiliating situations.
There are different forms of moral harassment practiced in the workplace, for example, excluding an employee from a chat group, not assigning work to a particular person, unjustifiably ignoring his opinions, issuing unfounded warnings, persecuting the employee, monitoring him in excessively and disproportionately, taking away autonomy, assigning humiliating tasks, constantly criticizing the employee, forcing him to dance, limiting or supervising the use of the bathroom, continuous threats of dismissal, in short, there are many forms of bullying that often go unnoticed at work.
Therefore, it is important to be able to identify such behaviors that generate harassment so that the company can punish the person responsible, as well as increasingly counteract this practice. The role of identifying harassment falls not only to the employer, but to all employees, regardless of their hierarchical level.
Being aware of changes in the behavior of a colleague, who begins to isolate himself from others, reports of health problems related to stress or anxiety, among others, is a factor that can indicate that someone is suffering.
Prevent moral harassment
Nothing is more effective than preventing moral harassment, which can be done through internal policies and regulations, as well as incentives for employees to report inappropriate behavior, with free and easy access to reporting channels.
The company has the duty to investigate the reported facts, always acting with caution and confidentiality, and, if the harasser is identified, to adopt adequate disciplinary measures, which may include warnings, suspensions or even dismissal for just cause, depending on the gravity of the conduct the act.
It is not enough to just have these channels and regulations in the company, the important thing is that employees are aware of the policies and regulations that address the issue, and are aware, being encouraged to report cases of harassment and ask for help when necessary. Promoting a culture of respect, with ongoing training, is a great option.
Strong charge and pressure
On the other hand, it should be noted that “strong demands and a certain pressure on results are part of the employer’s potential power in the search for results, provided that it is conducted without excesses”, so this does not constitute moral harassment, according to the decision of the Regional Labor Court of Region 2a. Furthermore, as stated previously, repeated conduct is required to characterize moral harassment.
In this sense, the judge of the Court of San Paolo also explained: “In the present case, the witness declared that he had witnessed the crimes only once. Although it cannot be denied that the situation was rather unpleasant, the witness’s testimony does not prove the moral harassment described in the initial statement. There is no evidence of any repetition of such humiliating behavior by the supervisor towards the complainant.”
At the labor court, however, if moral harassment is ascertained, the company can be ordered to compensate the employee. It should be noted that the burden of proving the harassment lies with the worker, therefore, if the harassment has actually occurred, it is important that the worker has solid evidence of the occurrence of the aggressor’s conduct, whether in documentary, testimonial form, through messages or video.
The topic is broad and there is still a lot to discuss, however, preventing moral harassment is the best remedy for employees and employers and requires a joint effort from everyone, so that communication in the company is encouraged and employees are aware and broad freedom of reporting.
When everyone works together to create a respectful and safe working environment, the risk of bullying occurring is reduced and victims receive the support they need to deal with the situation.
Giovanna Tawada is a lawyer and partner of the Feltrin Brasil Tawada firm, with a focus on both the areas of consultancy and labor litigation.
Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
