A company that pays for mobbing will be able to claim reimbursement from the manager

19.04.2025

Everyone in the company knows what the boss is like. She occasionally crosses boundaries. At times, her criticism goes beyond professional substance; she raises her voice. Ostensibly out of emotion, supposedly not personal, but the team does not appreciate it. If she is in a bad mood, the team prefers to stay out of her way and return to the subject the next day. Her behavior is not focused on a single employee. They say of her:

“She is specific, you have to get used to it, but she plays for the team.”

The team achieves very good results, which translates into high bonuses. The board praises her, the charts are in order, and the results attract investors.

The employees do not protest, but they live in a state of tension. The HR team notices the communication problems and wants to ensure employee comfort before a conflict arises.

The HR Director gave a clear instruction: let’s monitor what is happening there, keep them under a magnifying glass. Let us also start by improving communication between them. Let’s train the leader on the principles of proper team management. Let’s explain which behaviors are acceptable and which must be categorically eliminated. If we do not act now, it will soon turn into a row and we will have mobbing “tickets” to resolve.

It is in the company’s interest to foster conscious leaders. It is these individuals who have an impact on shaping the organizational culture within the firm. Statistics also show that mobbing most often occurs in the superior-employee relationship rather than the other way around. Although “staffing,” once it appears, is a significant challenge for the organization and the team. You can learn more about staffing itself from our discussion.

It all stems from the employers’ obligation to counteract mobbing. These cannot be sham actions, existing only “on paper” in procedures.

The employer must take preventive measures proactively. They should train and educate everyone that they do not tolerate mobbing. Courts emphasize that counteracting mobbing should be both real and effective:

The employer is liable not only for the harm resulting from its own actions but also for the failure to strive to eliminate mobbing (this is what the obligation to counteract mobbing entails) (cf. Supreme Court judgment of 06.10.2020, I PK 55/19).

It is not just about quoting regulations and placing them on the company intranet, which no one visits, but about communicating what mobbing is at every possible opportunity. But how can we encourage the leaders themselves to talk about mobbing?

Pulling managers away from their daily duties is a challenge for HR. However, a new draft of mobbing regulations [as of 30.05.2025] may come to the rescue. It contains a new provision that captures the imagination and may realistically (more so than before) deter managers from crossing permitted boundaries:

An employer who has paid compensation or redress to a victim of mobbing has the right to demand reimbursement for the damage incurred from the person responsible for the behavior constituting mobbing.

In practice, this means that if an employer pays an employee for mobbing, they will be able to demand a refund of that amount directly from the mobber.

Regardless of whether the company actually decides to pursue this or not, it serves as a deterrent: if you cross the line, it may happen that you will pay out of your own pocket.