Part time and bullying - stress with the boss?
Part time - Swap salary for leisure
The situation in companies seems paradoxical at present: despite high unemployment on the one hand, many workers on the other hand complain about overwhelming workloads. Some employees want more free time and therefore opt for part-time work.
Since 2001, the Federal Government has promoted this trend with a new law on part-time work and fixed-term contracts - in short, the Part-Time and Fixed-Term Act. She hopes for more jobs.
Part-time employment is subject to equal treatment in relation to full-time employees. For example, all labor law protection regulations such as maternity leave, seniority, continued pay or holidays apply without any restrictions. Also, a part-time worker may not be penalized by the employer - for example, in further education.
Employees must register their part-time request in good time
The Part-Time Law requires the employer to allow all employees, including those in managerial positions, to work part-time. Prerequisite: The employment relationship has been in place for six months and the employer usually employs more than 15 permanent employees.
The employee must submit his reduction request three months in advance orally, a decision must be made in writing at the latest one month before the appointment. The employer may not oppose any operational reasons (the law does not specify the severity of the company's concerns). However, "normal" typical burdens of the employer due to the reduced working hours are not sufficient as justification.
The part-time decision should probably be considered
The employee may take part-time or part-time employment in combination with full-time employment. Nevertheless, he should not take over, and completely exhausted from a job at the other arrive. The employee must specify part-time employment on demand when entering the job, but he should better do so on his own and without a request.
However, the decision to work part-time in the future should certainly be considered. If an employee has opted for part-time work, he can demand a new reduction at the earliest after two years. And if he wants to increase his working hours again, he must indeed be preferred to fill a full-time position with the same suitability, but this can be opposed to operational reasons.
Bullying - the daily suffering
The word bullying is a new term for an old problem. For some years, labor lawyers have been trying harder to get it under control. The Federal Labor Court defines: Bullying is the "systematic attacking, harassing or discriminating between workers or superiors".
Bullying: The employer is obliged to help
Bullying attacks can take many forms: derogatory treatment, disrespect, imitation and copying of behaviors, aggressive and pejorative statements, the assignment of pointless work assignments, exaggerated and petty evaluation of work results to open hostility, harassment, insults and psychoterrorism. Often behind the goal is to make the person sufferer, so he gives up his job of his own. The consequences of bullying can be enormous for those affected, ranging from minor health problems to suicide.
Claims for damages are difficult
If the bullying by the employer, he violates the duty of care. Affected parties therefore have the right to complain directly to the employer and demand redress. Where available, the works or staff council can also be called upon for assistance and assistance.
However, complaints against the boss will hardly help if he bullying himself. Then there is only the possibility to sue. However, this must be carefully considered by the employee as he is in a difficult position to explain and prove everything meticulously. In practice, it is therefore very difficult to tackle bullying strategies with exclusively legal means. It is also difficult to assert claims for damages because the person concerned must first quantify a loss.
In the case of grave violations of the employer, the person concerned can refuse his or her performance without jeopardizing his or her employment contract or salary payments.
Often the bullying is done by the colleagues. Here, works council and employer have to face the employees. In particular, the employer has sufficient opportunities because he can take action against the bully with steps such as warning, transfer or even termination. Finally, mobbers violate their employment obligations such as loyalty and consideration.
Whether the bully is now boss or colleague - in any case, the victim has the opportunity to take steps on his own against the bully. He may file charges for insult, slander or slander. In addition, he can sue the bully with a private lawsuit for the revocation of defamatory statements or false allegations of fact, but also for compensation for damages to health.
Questions about bullying
"What can I do if I am bullied?" "Someone accuses me of bullying them, but I do not understand it" - as sensitive a topic as the daily guerrilla warfare in the workplace raises many questions:
Where can one clearly speak of bullying - can you give me examples?
Bullying occurs when individual employees are specifically discriminated against, insulted, marginalized or otherwise inappropriately treated.
Example 1: Mr C. is instructed by his boss K. to sweep the yard, although it has never been swept. Mr. K. knows that this task is useless for everyone and looks forward to it.
Example 2: Ms. T. was always involved in the discussions in the team. She had always said openly and honestly. Suddenly Mrs. T. gets her own room, is disconnected from the operational flow of information and thus isolated.
Example 3: Mr. H. is an editor and HIV positive. He works in an open-plan office. The management learns of his illness in a dismissal protection procedure, which was decided in favor of Mr. H. According to the judgment, the company must continue to employ H. He places his desk in the hall until he can prove in writing by a medical certificate that he no longer suffers from an infectious disease. Mr. H. is humiliated, discriminated against and treated with defamation.
What can employees do if they are unjustly accused of bullying?
Bullying is a subjectively perceived phenomenon. A bad joke can not be described as bullying. Bullying is a systematic process, a chain of incidents. Also, bullying is not acceptable if the employer has a dominant leadership style.
If the bully is wrongfully accused, he may defend himself in any possible damages case against him. Affected parties should in this case always inform management and works council in a timely manner and press for conflict resolution.
What can goblins do?
The botched one can appeal to the works council and at the same time, if colleagues or third parties bully, contact the employer. These must protect themselves in the context of the duty of care in front of the employee.
The employee concerned may also file an injunction before the Labor Court. In addition, damages and claims for damages can be asserted in court.
Important: In the process, it must be proven exactly which individual bullying actions have occurred. That is not easy! Bullying victims should therefore keep a journal that records when the bully did what and how.
What do employers have to do?
The employer must, if he bullying himself, stop the bullying immediately. If third parties or colleagues are bullying, the employer must protect the bullying victim. For this he has different means: He can pronounce a reprimand or a warning, in case of severe misconduct the transfer or termination of the harassment is possible.
How can the works council help?
The works council is also obliged to take action against bullies if the employee concerned does not complain. He may exercise his right to demand the transfer or release of the bully.
If there are concrete indications of mobbing in the company, can the works council provide training on the subject of "mobbing"? cause. Also, the works council can conclude a works agreement? Protecting workers from bullying and sexual harassment? force.
What can happen to bumpers?
Mobbers may be warned, reprimanded, reprimanded, transferred or terminated. In addition, they may be required to pay damages.
What is the burden of proof?
It is very difficult to prove bullying in the result, because sufferers are often in evidence. Often because bullying attacks usually occur without witnesses.
