(Article 6 of the Law on prevention of harassment at the workplace, ’’Official Gazette of the Republic of Serbia’’, No. 36 as of May 28th 2010).
- Disrupted communication: intentional prevention of the employee to state his/her opinion, being yelled at, being threatened, insulted and any type of similar behaviour.
- Disrupted interpersonal relations: being isolated, ignored, being deprived of work equipment, blocked communication, withholding the information and the like.
- Attack on personal dignity: comments on personal life of the employee, backbiting, insulting and the like.
- Violation of professional integrity: unjustified criticism and control, undermining of work results, giving tasks that are below the level of knowledge and experience of the employee, inadequate deadlines, exclusion from professional and educational programmes and the like.
- Deliberate health impairment: creation of stressful situations, being threatened with dismissal and the like.
- sexual harassment – sexist comments, unwanted physical contacts, promotion or demotion that depends on the acceptance of sexual offers.
(Article 12 of the Rulebook on Rules of Conduct of the Employer and Employees Concerning the Prevention and Protection from Harassment at the workplace, ”Official Gazette of the Republic of Serbia”, 62/10).
In the event that mediation procedure fails and there is a reasonable doubt that the harassment has been committed or that the right to protection against harassment has been abused, the employer is obliged to initiate the procedure to establish the responsibility of the employee for the violation of work discipline or the violation of work duty, in accordance with the law.
The sanctions are: reprimand, suspension from work from four to 30 working days without entitlement to salary compensation, permanent transfer to another work environment or a job position – for the performance of the same or different tasks, in accordance with the law (Labour Law).
Since the Labour Law does not define the procedure in which the violation of work discipline can be established, this is left to the discretion of the employer. For the purposes of legal security of the employees, the procedure for the establishment of work discipline should be defined in a separate act.
It will be interesting to note that mobbing was established in 30% of the cases, whereas 50% related to the violation of other employment rights and 20% were suspected abuse of right to protection.