A specific discussion is not harassment

According to the Workers' Statute, when a company commits a serious breach of its obligations, the affected worker may terminate his contract with the right to compensation for unfair dismissal; that is, compensation of 33 days per year worked. For the courts, a situation of mobbing or workplace harassment allows the affected worker to choose this type of compensated termination.

However, a specific discussion or a tense atmosphere in a company does not amount to psychological harassment. Therefore, if the affected person has only been involved in a discussion or a tense situation, they will not have the right to choose this type of termination.

For there to be workplace harassment or mobbing, it is not enough for there to be a bad atmosphere or conflict within the company: repeated and serious behaviors with the intention of harming the affected person must be proven. Many workers use the term harassment lightly, but from a legal standpoint, repeated intent must be proven over time.

In the face of a conflict or a negative work environment, the company must act as follows to determine if there is harassment:

• Thoroughly document the facts. If there is a discussion, a complaint, or a sanction, it must be recorded in writing and the corresponding protocol must be initiated.

• Act with proportionality. Thus, if the worker has reasons to complain (even if it is not harassment), it must be evaluated if mediation or task reorganization is necessary.

• Do not yield to pressure. If the worker claims harassment but has no evidence, the company is not obliged to recognize the compensated termination.