ANALYSIS OF JUDICIAL PRACTICE IN CASES TO ESTABLISH THE FACT OF MOBBING AS GROUNDS FOR BRINGING THE HEAD OF THE ENTERPRISE, INSTITUTION, ORGANISATION TO DISCIPLINARY RESPONSIBILITY

Abstract

The article, based on the analysis of changes in labor legislation and judicial practice, examines the possibility of establishing the fact of mobbing as a basis for bringing the head of the enterprise, institution, organization to disciplinary responsibility. In order to adapt domestic labor legislation to the standards of European labor legislation during the period of our state's entry into the European community, an active reform of labor legislation began. On November 16, 2022, the Law of Ukraine "On amendments to certain legislative acts of Ukraine on the prevention and counteraction of mobbing (bullying)" was adopted.
This law amends the Code of labor laws, the Law of Ukraine "On collective agreements and contracts" The purpose of the article is the analysis of judicial practice in cases related to establishing the fact of mobbing and determining the specifics of bringing the head of an enterprise, institution, or organization to disciplinary responsibility for taking or not taking measures to prevent mobbing. In modern conditions, there are real problems with the actual implementation of novellas due to the imperfection of normative consolidation and the peculiarity of our employees and employers mentality. Analysis of judicial practice indicates the difficulty of establishing the fact of mobbing and the grounds for disciplinary liability as a result. Some of the considered cases give reason to say that employees pursue other goals than protection against mobbing: to remain at work at brief positions or to get the compensation of moral harm in an extraordinary largeness. Dismissal of the head of an enterprise, institution, or organization for committing mobbing or failure to take measures to prevent mobbing is a disciplinary dismissal, that is based on a court decision establishing the fact of mobbing, which has entered into legal force. As a part of a disciplinary offense, all elements are defined: object, objective side, subjective side.

Key words: mobbing, disciplinary dismissal, judicial practice composition of disciplinary misconduct, forms of economic and psychological pressure.