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Foro: Revista de Derecho

On-line version ISSN 2631-2484Print version ISSN 1390-2466

Abstract

BURNEO BURNEO, José Antonio  and  BURNEO CARRERA, José Antonio. Employer’s responsibility for horizontal mobbing. Foro [online]. 2021, n.35, pp.47-64. ISSN 2631-2484.  https://doi.org/10.32719/26312484.2021.35.3.

Working place is the scenario of a many situation where the worker´s personality is affected. Labor mobbing is one of the most damaging situations in work relationships. Because it hinders the internal processes within the organization, so that poor communication and the psychological damage that bullying produces are affected by the company’s results. Also, because the employer is the one who benefits from the workforce of its employees, so it is logical that they have the obligation to provide them with secure means and facilities for the lawful and personal provision of their services. Generically, we call this obligation the employer’s burden of providing a healthy and conducive environment for labor relations. If the employer infringes this liability, objective and unavailable, he must face the pecuniary sentences that correspond to him, even though in the case of horizontal mobbing, he is not even aware of the acts of harassment carried out among his workers. This brief document will seek to clarify in what circumstances the employer’s responsibility falls in cases of horizontal mobbing or workplace harassment, due to its position as guarantor of workers’ rights.

Keywords : work; employer; liability; harassment; mobbing; compensation.

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