What Mobbing Is
Mobbing is the systematic psychological harassment of an employee in the workplace, aimed at forcing them to resign voluntarily. It may come from colleagues (horizontal mobbing) or from management (bossing).
Russian labour legislation does not use the word “mobbing,” but this does not mean that the behaviour of an employer or colleagues in such a situation is lawful.
Signs of Mobbing
- Systematic exclusion of the employee from meetings and communications
- Public humiliation and unjustified criticism in front of colleagues
- Isolation: the employee is not given information needed to do their work
- Unjustified, constantly changing assignments and impossible deadlines
- False accusations of errors or violations
- Withholding of resources needed to do the job
- Surveillance and documentation of minor infractions to build a file for dismissal
Legal Classification
Abuse of rights. Courts classify the deliberate creation of intolerable working conditions as an abuse of rights by the employer (Article 10 of the Civil Code).
Breach of the employment contract. The employer is obliged to provide normal working conditions (Article 22 of the Labour Code). Systematically creating discomfort is a breach of this obligation.
Article 136 of the Criminal Code — discrimination. If the mobbing is linked to the employee’s gender, age, nationality, or religious beliefs, criminal liability under Article 136 of the Criminal Code is possible.
Article 5.27 of the Administrative Offences Code. Labour law violations may qualify as administrative offences if specific breaches of the Labour Code can be established.
How to Document and Defend Yourself
Keep an incident journal. Record every episode: date, time, location, witnesses, and exactly what was said or done. Specific detail matters more than general impressions.
Gather evidence. Corporate messenger correspondence, emails, orders — print them and keep them safe. After dismissal or account deletion, access to them may be lost.
File a complaint with the State Labour Inspectorate. The Inspectorate will audit the employer. If formal Labour Code violations are found, it will issue a compliance order.
Use internal channels. A written complaint to HR, a senior manager, or an ombudsman (where one exists) creates a paper trail and demonstrates to a court that you attempted to resolve the situation internally.
Do not resign under pressure without consulting a lawyer. A voluntary resignation letter signed under stress strips you of most of your rights. If the pressure is intense — take sick leave, which gives you time for a consultation.
Claiming Compensation for Moral Harm
Judicial awards for mobbing through Russian courts exist but remain limited. Courts are more prepared to award compensation where there is:
- documentary evidence of specific violations,
- medical confirmation of psychological harm (a report from a psychologist or psychotherapist),
- evidence of a causal link between the employer’s conduct and the employee’s health condition.
Frequently Asked Questions
Does Russian law provide a remedy for mobbing? There is no specific “mobbing” provision in the Labour Code. However, particular acts of harassment may be classified as a breach of Article 22 of the Labour Code, an abuse of rights under Article 10 of the Civil Code, or — where discriminatory motives are established — as discrimination under Article 136 of the Criminal Code.
If I resigned voluntarily under pressure, can I challenge the dismissal? Yes, provided evidence of duress exists. A court may find the resignation involuntary and reinstate you. Key evidence: correspondence, witness statements, and medical records documenting the psychological impact.
Can I claim compensation for non-pecuniary harm caused by mobbing? Yes. Courts award compensation where there is documentary evidence of specific violations and, preferably, medical confirmation of psychological harm from a psychologist or psychotherapist.
Is there a limitation period for mobbing claims? For reinstatement claims — one month from the date of dismissal. For claims for harm suffered during the employment relationship — three years from the date on which you became aware of the breach.
Read Also
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- The Employee Trap: When an Employer Provokes a Violation in Order to Dismiss
- Warehouse Fire: Rights of Staff, GPC, and Self-Employed
Facing systematic pressure at work? Contact us for a consultation — we will help classify what is happening, build the evidentiary record, and develop a strategy for your defence.