In Italy, Law 231/01 represents a fundamental pillar in the fight against economic crime and the liability of companies for certain illegal conduct. Although mobbing is not expressly mentioned in the law, its legal implications can make it part of the offences provided for by this legislation. In this article, we will explore how mobbing, understood as a series of acts of psychological harassment in the workplace, can be considered an offence under Law 231/01.
Law 231/01: An Overview
Law 231/01 introduced in Italy the principle of administrative liability of legal persons, i.e. companies and organizations, for a series of crimes committed by their employees, managers or collaborators in the interest or to the advantage of the entity itself. The offences provided for by the law cover a wide range of activities, including crimes against public administration, competition, health and safety at work, and the environment.
The crux of Law 231/01 is that companies can be held directly liable for crimes committed by their employees, and not just the individuals involved. In this context, companies are required to prevent crimes by adopting organizational models suitable for preventing the commission of offences.
The crux of Law 231/01 is that companies can be held directly liable for crimes committed by their employees, and not just the individuals involved. In this context, companies are required to prevent crimes by adopting organizational models suitable for preventing the commission of offences.
Mobbing: Definition and Legal Implications
Mobbing, or psychological harassment in the workplace, is a phenomenon that occurs when an employee is subjected to repeated and systematic behaviors by colleagues or superiors, which undermine their psychophysical well-being, creating a hostile and intolerable environment. Its consequences can include stress, anxiety, depression and, in the most serious cases, permanent damage to mental health.
Mobbing is not only a matter of psychological distress, but can also be considered a civil or criminal offense, if the harassing behavior falls within certain crimes provided for by the penal code or by Law 231/01. For example, when mobbing is the result of discriminatory acts or violations of workplace safety regulations, it can be considered as an offense that exposes the company to criminal liability.
Mobbing is not only a matter of psychological distress, but can also be considered a civil or criminal offense, if the harassing behavior falls within certain crimes provided for by the penal code or by Law 231/01. For example, when mobbing is the result of discriminatory acts or violations of workplace safety regulations, it can be considered as an offense that exposes the company to criminal liability.
Mobbing and Corporate Liability under Law 231/01
Even if mobbing is not explicitly indicated as a crime by Law 231/01, it can be linked to various types of offenses that are covered by the legislation. In particular:
- Crimes of discrimination and violation of workers’ rights: If mobbing is manifested through acts of discrimination (for example, sexual harassment, gender, racial or religious discrimination), it can be considered as an offense provided for by law, making the company liable for the actions of its employees or managers.
- Violation of workplace health and safety regulations: Mobbing can be considered a form of violation of the psychological safety of workers. If a company does not adopt adequate measures to prevent mobbing situations, it may be accused of failing to comply with the provisions on health and safety at work, thus exposing itself to liability under Law 231/01.
- Crimes against the person and psychophysical integrity: If mobbing involves serious psychological damage, such as chronic anxiety, depression or post-traumatic stress, the company may be held liable for the damage to the psychophysical integrity of its employees.
Prevention and Organizational Models
Law 231/01 establishes that companies must adopt organizational models to prevent the commission of crimes by their employees. An effective risk management model should also include mobbing prevention policies, with the adoption of practices that promote employee well-being, ensure equality and non-discrimination in the workplace, and train managers on how to manage interpersonal conflicts appropriately.
Companies are required to implement anonymous reporting systems and channels for reporting inappropriate behavior, as well as provide psychological support to employees who may be victims of mobbing.
Companies are required to implement anonymous reporting systems and channels for reporting inappropriate behavior, as well as provide psychological support to employees who may be victims of mobbing.
Conclusions
Although mobbing is not explicitly covered by Law 231/01, the phenomenon can be traced back to a series of crimes that affect workers’ rights, safety at work and the psychophysical integrity of people. Companies must be aware that they may be held liable for mobbing, especially if they do not adopt adequate measures to prevent it. Creating a healthy and respectful work environment is not only a matter of ethics, but also a legal necessity to avoid possible implications under Law 231/01.
Furthermore, Michael Slim International, thanks to
Furthermore, Michael Slim International, thanks to
