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Workplace bullying is continuous, repeated negative treatment. It can take the form of insults, subjugation, belittling or other unfair treatment. Being bullied undermines a person’s well-being and ability to cope, which puts the victim in a defenceless position. Situations in the workplace vary widely. It is not always easy to determine whether a case constitutes workplace bullying or some other conflict situation.
What is bullying at work?
Workplace bullying is continuous, repeated negative treatment. It can take the form of insults, subjugation, belittling or other unfair treatment. Being bullied undermines a person’s well-being and ability to cope, which puts the victim in a defenceless position. Situations in the workplace vary widely. It is not always easy to determine whether a case constitutes workplace bullying or some other conflict situation.
Forms of bullying include but are not limited to continuous and repetitive
assigning of excessive workload
unreasonable deadlines and scheduling
assigning tasks that are too modest in relation to the employee’s resources
isolation from the work community, social discrimination
Drawing the line between bullying and other conflicts is often difficult. However, all problem situations should primarily be resolved at the workplace. It should be remembered that personal differences of opinion and conflicts between employees do not constitute workplace bullying.
The employer also has rights based on the right of direction (= the employer’s right to supervise and monitor work) that cannot be considered workplace bullying. The employee is obliged to comply with the instructions and orders that the employer gives within the limits of its authority. The obligations of employers and employees are laid down in chapters 2 and 3 of the Employment Contracts Act.
Such employer rights include, for example:
Orders and directions given by the employer/supervisor that are included in the right to supervise work (e.g. the right to determine where, how and when the work is done).
Unilateral change of employment relationship within certain limits, such as duties, place of work and working hours.
The Occupational Safety and Health Act which entered into force on 1 January 2003, introduced a provision obliging employers to ensure that there is no harassment or other inappropriate treatment at the workplace that causes harm or danger to the employee’s health. Every effort must be made to prevent inappropriate treatment, and when such treatment comes to light, it must be addressed without delay.
Section 28: f harassment or other inappropriate treatment of an employee occurs at work and causes risk or hazard to the employee’s health, the employer, after becoming aware of the matter, shall by available means take measures for remedying this situation.
Section 18: Employees shall avoid such harassment and other inappropriate treatment of other employees in the workplace that cause risk or hazard to their safety or health.
Problems related to workplace bullying can only be solved within the work community. Handling and handling bullying situations are part of the employer’s obligations under the Occupational Safety and Health Act. In these situations, the personnel is represented by an occupational safety representative.
Have you been bullied?
Don’t be afraid to bring it up with the person bullying you. Talk about situations that you experience as bullying and demand that the bully stop the inappropriate behaviour immediately. If your prohibition does not work, contact your supervisor. If the person bullying you is a supervisor, you must contact their supervisor. Write down all the situations in which you have felt bullied. Notes are needed for later investigation of bullying. If you need support in the situation, contact your workplace’s occupational safety representative or occupational health care.
The duties of the occupational safety and health authorities include supervising compliance with the Occupational Safety and Health Act. If the initiatives you have taken to your employer to stop bullying are not effective, contact the occupational safety and health authorities in your area.
You can also learn more about the topic in the online training library for working life, which is part of your member benefits. To access the courses, you must sign up to the online training library. If you have already taken advantage of your free membership benefit and started using the service, log in and click directly to the trainings from the links below. If you haven’t yet signed up, you can do so in the Webinars and Courses section in the Oma+ service for our members.
Lakiruutu: Inappropriate treatment at the workplace
Lakiruutu is our new webinar and video series where we help our members in legal dilemmas in working life. In the videos, Katja Halonen, M.Sc. (Econ.), attorney-at-law, from Teperi &; Co Attorneys-at-Law, gives legal advice and advice on the most common challenges in the workplace.
Unfortunately, inappropriate behaviour is also common in Finnish workplaces. Where to draw the line between harassment and the employer’s right to supervise? When do the employer’s orders constitute abuse under the guise of the right to supervise? What kind of behaviour is not acceptable in the workplace?
Lakiruutu provides advice on what to do if you are treated inappropriately at the workplace. The videos can be viewed in the Webinars and Courses section of the YTK Association members’ OMA+ service.