До питання розірвання трудового договору у зв’язку з мобінгом на робочому місці

The article is devoted to issues related to an additional ground for termination of an employment contract – mobbing in the workplace as a form of discrimination. The paper analyzes the current national legislation, judicial practice and the views of scientists on the raised issues. It is established that termination of an employment contract in connection with mobbing in the workplace can be both at the initiative of the employee and at the initiative of the employer. Thus, the employee has the right to terminate the employment contract within the period specified by him if the employer committed mobbing in relation to such an employee or did not take measures to stop it. In turn, the employer may also terminate the employment contract under the condition: the employee committed mobbing or the head of a legal entity committed mobbing regardless of the forms of manifestation and/or failure to take measures to stop it. In this case, the fact of committing mobbing must be confirmed by a court decision that has entered into legal force. However, in order for the fact of mobbing in the workplace to be recognized in court, it is necessary to provide appropriate, admissible, sufficient evidence, since, as follows from the analysis of judicial practice, the vast majority of decisions are made to refuse to satisfy the claim, since the victims of mobbing do not provide sufficient evidence of the fact of mobbing in the workplace. That is, to establish the fact of mobbing, there must be appropriate, admissible, sufficient evidence (written evidence (orders, instructions, statements, complaints, protocols, etc.), electronic evidence (audio, video, photos, e-mail), witness statements, etc.). And only then, if there is a relevant court decision that has entered into legal force to establish the fact of mobbing in the workplace, the employee has the right to payment in the amount of not less than three months’ average earnings (the same as in the case of a violation by the employer of labor legislation, a collective or employment contract). If, due to harassment at work, moral suffering has occurred, the loss of normal life relationships has occurred, and the person has to make additional efforts to organize his or her life, the employee can also count on compensation for moral damage.