MECHANISM FOR COUNTERING AND PREVENTING MOBING IN UKRAINE: AMENDMENTS TO LABOR LEGISLATION THAT PROVIDE EFFECTIVE AND EFFECTIVE PROTECTION OF EMPLOYEES' RIGHTS
DOI:
https://doi.org/10.33216/2218-5461/2025-50-2-106-117Abstract
The article examines the mechanism of
combating and preventing mobbing, identifying its
individual elements in order to ensure effective and
efficient protection of employees' rights. The author
emphasizes that the pro-European development
strategy of Ukraine necessitates the harmonization of
labor legislation with European standards, which
includes, in particular, ensuring a favorable
psychological environment in the workplace. An
important component of this process is legislative
regulation and practical counteraction to mobbing,
which is becoming widespread in Ukrainian labor
collectives. Official statistics of the State Labor
Service confirm the increase in the number of appeals
regarding cases of harassment in the workplace,
which indicates serious threats to both the physical
and mental health of employees and the efficiency of
production processes. The consequences of mobbing
are a decrease in labor productivity, an increase in the
level of staff turnover, and a negative impact on the
economic performance of enterprises. It is emphasized
that the recognition of the need to create a safe
psychological climate in labor collectives has become
a key stage in the development of labor legislation
focused on European standards. Particular attention
is paid to the introduction of the definition of
“mobbing” into the Labor Code of Ukraine and the
consolidation of state legal guarantees for the legal
protection of employees from psychological and
economic pressure. It is substantiated that mobbing is
a type of discrimination, but has specific features, in
particular, the systematicity, duration and
purposefulness of actions aimed at degrading the
dignity and violating the personal non-property rights
of the employee. The conclusion is made about the
importance of state legal guarantees as the foundation
for the protection of human rights, especially in the
context of modern challenges associated with social
transformations and armed aggression against
Ukraine. It is emphasized that the adaptation of
Ukrainian labor legislation to European standards not
only ensures the protection of the honor, dignity and
business reputation of employees, but also strengthens
the rule of law and citizens’ trust in state institutions.
Legislative regulation and practical counteraction to
mobbing have become an important stage in the
development of Ukrainian labor law, oriented towards
European standards. The definition of mobbing in the
Labor Code of Ukraine, the consolidation of its
definition, forms of manifestation and measures of
responsibility create the basis for the formation of an effective mechanism for protecting employees from
psychological and economic pressure. A three-tiered
system of guarantees has been introduced: preventive
measures, response tools in the process of labor
relations and means of restoring rights after their
violation - all of them provide a comprehensive nature
of legal protection. Such an approach not only contributes to the creation of a safe and favorable psychological climate in teams, but also strengthens the rule of law, citizens' trust in state institutions and social stability in society.
Keywords: mobbing, labor relations, employee, employer, honor, dignity, business reputation, psychological pressure, economic pressure, court decision.