International: Psychological harassment at the workplace - part three
In the third and final part of our series on psychological harassment at work, we look at a further nine countries. See International: Psychological harassment at the workplace - part one and International: Psychological harassment at the workplace - part two for the first two parts of this survey.
Austria
Definitions
The ÖGB trade union confederation definition of bullying - or mobbing, as it is referred to in Austria - highlights the systematic and long-term nature of this type of behaviour, targeted at an individual, with the intention of isolating them and eventually driving them out of the workplace. It differentiates between this aggressive and destructive behaviour and the "normal" everyday conflicts arising from work-related competition between teams, or factions within the works council, as well as one-off acts such as criticism or dismissal for economic reasons.
Statistics
The third survey on working conditions carried out by the European Foundation for the Improvement of Living and Working Conditions1 found that 6% of respondents considered that they were victims of harassment or bullying at work (compared with the European average of 9%).
Legislation
There is no specific anti-harassment legislation in Austria. However, paragraphs 3 and 4 of the health and safety at work legislation (ArbeitnehmerInnenschutzgesetz) cover the employer's general duty of care and the requirement to carry out risk assessments at the workplace and put in place protective measures.
Company agreements
The ÖGB suggests that works councils should draw up company agreements (Betriebsvereinbarungen) with their employers on this issue, and provides a model agreement (Musterbetriebsvereinbarung). This type of agreement would typically contain a two-part strategy: to prevent occurrences of psychological harassment; and to provide a means for the peaceful resolution of conflict. To this end, the agreement provides for the appointment of at least two people to act as discussion partners for victims: one representing management, and the other representing the employees. The management representative should be appointed in consultation with the works council, and the employee representatives should either already belong to the works council, be a co-opted member of the council, or be a safety representative (Sicherheitsvertrauensperson). It suggests that at least one of the two appointees must be a woman. The period of office runs concurrently with that of works council members. These appointees are bound by absolute confidentiality. They should submit an annual report on their activities and inform the workforce of any extra training courses they attend. If it is necessary to pay for external mediation, management must undertake to pay all costs. Victims are protected from dismissal while any form of mediation process is under way. Harassers should be obliged to attend a training course; if they refuse, they may be subject to a disciplinary process, to be agreed with the works council.
Other initiatives
The ÖGB provides information on its website (www.oegb.or.at) and also provides a confidential telephone helpline as well as a list of contacts throughout Austria.
Luxembourg
Definitions
The LCGB union confederation includes sexual, physical, psychological, verbal and other forms of abuse under bullying behaviour in its definition of psychological harassment. In general, however, there is relatively little information available on this issue in Luxembourg.
Statistics
The third survey on working conditions carried out by the European Foundation for the Improvement of Living and Working Conditions1 found that 7% of respondents considered that they were victims of harassment or bullying at work (compared with the European average figure of 9%).
Data collected by the LCGB in 2001 showed that almost 200 cases of workplace bullying - including cases of sexual, physical, psychological, verbal and other forms of abuse - had been registered in Luxembourg, mainly occurring in the health, banking and government sectors. Of those reporting the incidents, 76% of men and 30% of women cited being harassed by men, and 40% of men and 3% of women reported being harassed by women, while 21% of men and 30% of women reported being harassed by both men and women. Most perpetrators (44%) were on the same hierarchical level, while 37% belonged to a higher level.
Legislation
In the autumn of 2002, the socialist party proposed an anti-bullying bill, but it was rejected by the chamber of deputies. The labour ministry, under PCS Christian social party minister François Biltgen, supports raising awareness through campaigns in preference to embarking on a legislative programme of prevention. The government argues that people have to learn to respect each other and to live according to human values.
A law outlawing sexual harassment was adopted in 2000.
Sectoral or company agreements
The first collective agreement to include provisions dealing with psychological harassment at work was successfully negotiated in April 2001 by the LCGB and OGB-L union confederations at the Bram retail company, which employs 180 people, two-thirds of whom are women. The accord established a committee comprising works council members, trade unions and management. This meets behind closed doors, and, if appropriate, will hear the evidence of both parties as well as witnesses. Disciplinary action - including dismissal - may ensue, depending on the seriousness of the case.
Other initiatives
Trade union confederations have been the first organisations to consider the relationship between absence and bullying at work. It is now generally recognised that pressure at work is responsible for many sickness absences on account of headaches and backaches. Unions have been actively campaigning to raise awareness, and they provide information to workers and run specialist courses for employee representatives (délégués du personnel) to enable them to recognise and deal with cases of psychological harassment at their companies. Unions have also been offering aid and support to victims since 1999. Press articles on harassment have fuelled public debate on the issue.
Unions are aware that psychological harassment at work was almost certainly the reason for one suicide, although this has not been recognised officially. Union sources told EIRR that they greatly regret the loss of time in addressing the issue in Luxembourg, as it lags behind neighbouring European countries in creating the legal mechanisms for dealing with bullying at work.
Malta
Definitions
During the 1970s and 1980s, psychological harassment in the public service is reported to have been widespread between the employer (the government) and employees, for political reasons. This was defined by certain trade unions and employers' associations as consisting of persistent intimidating behaviour, abuse of power, and unfair sanctions. However, there was no official definition of harassment at this time.
The new Employment and Industrial Relations Act contains a definition of harassment as follows: "It shall not be lawful for an employer or an employee to harass another employee or to harass the employer by subjecting such person to any unwelcome act, request or conduct, including spoken words, gestures or the production, display or circulation of written words, pictures or other material, which in respect of that person is based on sexual discrimination and which could reasonably be regarded as offensive, humiliating or intimidating to such person."
Statistics
There are no available data on the incidence of psychological harassment at work. The costs of absence from work have not been quantified, but during the years mentioned above, significant numbers of government employees were reported to be absent on prolonged sick leave and many others retired with a pension on medical grounds.
Legislation
The 2002 Employment and Industrial Relations Act provides the legal framework for preventing and punishing harassment during industrial action.
On conviction, the perpetrator can be imprisoned for up to six months or be liable for a fine of Lm1,000, or both.
Netherlands
Definitions
The social affairs ministry publishes a definition of psychological harassment that includes: making offensive remarks; making jokes at someone's expense; unequal treatment; insulting someone; name-calling; ignoring or isolating someone socially; sexual intimidation; public reprimands; making offensive gestures; damaging property; and physical violence.
Statistics
Government research carried out by the social affairs ministry in 2000 found that bullying was most prevalent in the following sectors: government; trade; hotels and catering; and "other services".
The study found that although undesired behaviour was often reported by victims, it rarely resulted in any improvement.
Almost half the respondents reporting bullying were being subjected to this type of behaviour by their superiors; 43% complained about unequal treatment; 40% were called names; 39% were ignored or socially isolated; 37% were intimidated; and 29% were publicly reprimanded. Sexual intimidation and physical violence were alleged by 4% of the victims.
This study is providing the basis for a re-evaluation of the Labour Conditions Act (Arbeidsomstandigheden Wet), which will be carried out in 2005. One of the key recommendations emanating from the study is the establishment of a reporting and registration system for complaints.
Research carried out in 1996/97 by Adriënne Hubert for the University of Leiden among 7,000 employees at a production company, a mixed production/office company, and a bank/insurance company, showed the extent of the problem of bullying. The percentage of respondents claiming to be victims ranged from 1% at the bank/insurance company to 10% at the production company.
The third survey on working conditions carried out by the European Foundation for the Improvement of Living and Working Conditions1 found that 14% of respondents considered that they were victims of harassment or bullying at work - the second highest incidence after Finland. This figure compares with the European average of 9%.
There has been no quantification of the costs of sickness absence related to bullying at work, although the FNV union confederation maintains that this is the reason for high staff turnover, high levels of sickness leave and loss of production.
Union research suggests that bullying will affect one-quarter of all employees during their working lives and is responsible for one in 10 suicides.
Legislation
Since 1994, psychological harassment falls under article 4 of the Working Conditions Act, within the section dealing with unpleasant working circumstances.
The law obliges employers to put into practice a policy focused on protecting employees from sexual intimidation, aggression and violence at their workplace, including protection from physical or psychological violence, threats and attacks. This duty is in addition to that of including these issues in the statutory risk assessment, and the annual plan and report.
Individual employees have the right to refuse to work or to interrupt their work if they are unable to do it because of bullying. They are protected from dismissal if they lodge a complaint under the conditions of this law.
Additionally, Article 611 of Book 7 of the Civil Code obliges both employers and employees to behave well towards each other.
Other initiatives
As well as the research mentioned above, the FNV recently commissioned Hubert Consult and the policy research institute (Research voor Beleid) to carry out research into good practice in dealing with workplace bullying.
The union website provides a lot of information and several anti-harassment links, at: www.arbobondgenoten.nl/arbothem/agressie/agressie.htm, as does the Hubert Consult website, at: www.hubertconsult.nl.
On the basis of international research results, a new measuring instrument for assessing harassment has been developed. Known as the Leidse Mobbing Schaal-II (LEMS-II), it is a validated research tool consisting of 11 questions.
Policy documents and statements
As mentioned above, under the Working Conditions Act, employers are obliged to implement an anti-bullying policy, and to carry out a statutory risk assessment. This may include a system to prevent unacceptable behaviour, devised with the cooperation of the works council, the company doctor, and the labour circumstances service. There are no guidelines for such policies, but they all have to receive works council approval.
The labour inspectorate controls the implementation of the Working Conditions Act and, where necessary, provides employers with advice. Every regional office of the labour inspectorate also employs a "confidence inspector", to whom employers and employees can report their complaints. Employers and employees may be subject to a fine if they violate the law.
At the moment, the interior ministry and the finance ministry are working on establishing guidelines on bullying.
Norway
Definitions
Social partner organisations have not published any definitions of psychological harassment, but the labour inspectorate defines it as when one or more individuals are repeatedly exposed to negative actions by one or more individuals. One-off incidents do not count as harassment, and neither do cases of such behaviour between people of equal status. The rationale here is that if harassment takes place between people of unequal status, the person of lower status will have problems defending themselves if bullied.
Statistics
Research carried out in Norway indicates that roughly 10% of the workforce, or 200,000 people, are exposed to bullying at work. The annual cost of sickness absence caused by bullying is estimated to be roughly NK20-25million (€2.7- €3.5 million).
Fatalities
Estimates are that between 100 and 150 suicides a year are caused by psychological harassment.
Legislation
The Act relating to worker protection and the working environment (Arbeidsmiljøven) contains clauses about harassment, to the effect that: "Employees shall not be subject to harassment or other improper conduct."
Other initiatives
The foremost centre for research into harassment in Norway is the FAHS labour research, health and security centre at the University of Bergen, which has carried out comprehensive research on the subject. Otherwise, the main actors in the debate about the issue are the labour inspectorate, the LO trade union organisation, and a number of interest groups for victims of harassment. The LO has launched various campaigns focusing on harassment.
Portugal
Definitions
There are no available definitions of what constitutes harassment at the workplace in Portugal, although there have been several cases of bullying and subsequent formal complaints lodged with the national prosecutor.
Statistics
The third survey on working conditions carried out by the European Foundation for the Improvement of Living and Working Conditions1 found that 4% of respondents considered that they were victims of harassment or bullying at work. Portugal thus shares with Italy a position at the bottom of the table, and compares with the European average of 9%.
Legislation
At present, there is no law or agreement negotiated between employers and unions defining or regulating this type of behaviour. In the second half of 2000, the socialist and communist parties tabled two bills in parliament. They were discussed on 6 December 2000, but have not been finally approved.
The government has, however, submitted a preliminary draft of the Labour Code, which is currently being discussed by the social partners. Article 20 will provide a definition of harassment, which includes all unwanted discriminatory conduct based on sex, marital status, family situation, genetic patrimony, nationality, ethnic origin, religion or political or ideological convictions at the time of access to employment or during employment, work or vocational training, the aim or consequence of which is to affect the dignity of the person or create an intimidating, hostile, degrading or destabilising atmosphere. The preliminary draft envisages as a punishment for this infraction a fine to be levied by the labour inspectorate, as well as a right to compensation for the harm suffered.
Cases of harassment
There have been several cases of bullying and subsequent formal complaints lodged with the national prosecutor. Victims have often been employed in hospitals, universities and religious institutions, and the harassment has been linked to political, financial or religious interests. Many cases have been denounced by the unions and reported in the press.
Commentators maintain that the most common situation of harassment arises when the victim is not effectively occupied, or when they are given tasks to fulfil that are outside the original contractual terms and result in a lowering of status. Since the Portuguese constitution guarantees workers the right to work in conditions of dignity that enable them to achieve personal fulfilment, the courts take the view that not being effectively occupied violates this principle and constitutes an illegal act on the part of the employer.
Workers finding themselves the victims of such behaviour can request the intervention of the labour inspectorate - which may fine the offending employer - or they can apply to the labour tribunal for the employer to be ordered to give them effective occupation and to compensate them for the harm suffered (to their physical and mental wellbeing and health). The worker may also terminate their contract on the grounds of just cause, and demand the compensation due under such circumstances. There have been some judgments ordering the employer to give the worker effective occupation and compensation.
The status of a worker's contractual position is also legally protected, with versatility in duties allowed only in relation to work similar to that for which a worker is contracted. Dissimilar work may only be given on a temporary basis in cases of force majeure, and it may not imply any diminution of the worker's position within the organisation. If the harassment offends the person's honour or fundamental rights, the worker affected can prosecute the perpetrator and have the contract rescinded on the grounds of just cause with a right to compensation.
Spain
Definitions
Three union confederations and the United Left political party (Izquierda Unida) provide definitions of psychological harassment.
The Comisiones Obreras union confederation (CCOO) recently published a document on psychological harassment which introduced a definition developed recently by Iñaki Piñuel, a professor at the University of Alcala de Henares. Professor Piñuel's definition considers that harassment at work "has the objective of intimidating, belittling, reducing, crushing, terrifying and consuming the victim emotionally and intellectually with a view to eliminating him or her from the organisation or satisfying the need to attack, control and destroy, to which the harasser usually gives vent by taking advantage of an opportunity offered by a particular organisational situation (such as reorganisation, cost-cutting, bureaucracy, or far-reaching changes) in order to channel a series of urges and tendencies."
The USOC union confederation describes the phenomenon as a "perverse behaviour targeted at human beings in which the weapons are words, looks, smiles and sighs", intended to convey a clear message to the victims that they are an object or a thing used by the perpetrators to demonstrate their power to others. The UGT union confederation focuses on the harasser's intention to denigrate and destabilise the victim professionally, often for reasons of jealousy.
Statistics
The third survey on working conditions carried out by the European Foundation for the Improvement of Living and Working Conditions1 found that 5% of respondents considered that they were victims of harassment or bullying at work. This equates to roughly 750,000 members of the working population.
The Spanish newspaper La Razon, however, recently estimated that two million workers face daily psychological harassment. Other estimates range from 16% (published in the Diario Mediterraneo journal) to 15% (published in the Diario de Noticias). This latter publication further estimates that one-third of Spanish workers claim to have been victims of psychological ill-treatment. Psychologist José Luis de Rivera estimates that roughly 250,000, or 10% of workers in Madrid have been subjected to this type of behaviour, while a conference on medicine at work estimated that 15% of workers on the Balearic islands have experienced it.
Costs incurred through absence from work
The daily newspaper La Verdad maintains that €25 million a year is lost through absence from work because of psychological harassment.
Fatalities
Two suicides in Madrid have been ascribed to the effects of bullying at work.
Legislation
The Izquierda Unida party proposed changes to the Workers' Statute in 1999 to include the "very serious issue" of psychological harassment as "the repeated execution of various insidious destructive procedures by one person against another", which was rejected by parliament. In June 2001, however, the upper house unanimously approved a proposal by the parliamentary group Entesa Catalana de Progres that urged the government to take action to introduce anti-mobbing regulations. The Partido Popular ruling party has successfully opposed such measures.
An overall figure is provided by the association of specialist employment lawyers, which, in the first five months of 2002, brought 1,005 actions for "moral harassment". Although there is no specific anti-harassment legislation, there have been a number of case-law decisions (see box below).
Other initiatives
The CCOO has published the report of an investigation into psychological harassment at the workplace - Acoso psicologico en el trabajo [mobbing]. Los efectos de la nueva organisacion del trabajo sobre la salud - which is available on the web at www.gratiszona.com/empleo/mobbing.htm and contains a substantial bibliography. The same website also provides several links and information on mobbing. The savings bank employees trade union has also issued statements about psychological harassment.
Sweden
Definitions
The national board of occupational safety and health (formerly the Arbetarskyddsverket, now the Arbetsmiljöverket) defines psychological harassment in its 1993 provisions, also known as the "mobbing directive". The provisions define "insulting discrimination" as "repeated reprehensible actions directed against an individual employee in an insulting way and which can lead to the employee being isolated at the workplace." By law, all employees must have access to a copy of the provisions at their workplaces; a copy is also available on the internet at www.av.se/regler/afs/1993_17.pdf.
The definition of the bipartite LO-PTK-SN safety and health education body, Prevent, focuses on the repetitive aspect of insulting actions against persons who have difficulties defending themselves.
Statistics
The most recent government statistics (also released by Prevent in its advisory material) cite a figure of 250,000, or 13.5% of the labour force, being harassed by work colleagues or managers in 1999. In the same year, 8.7% was exposed to bullying by colleagues or superiors, and 1.6% was sexually harassed at work. These data do not include schools, although over four years the number of cases of bullying reported to the Skolverket national education board has quadrupled. A health insurance administration study shows that between 10,000 and 30,000 long-term illnesses have been caused by psychological harassment.
The third survey on working conditions carried out by the European Foundation for the Improvement of Living and Working Conditions1 found that 12% of respondents considered that they were victims of harassment or bullying at work (compared with the European average figure of 9%).
Costs incurred through absence from work
In 1998, 650 work-related illnesses due to mobbing by superiors were reported, which showed a marked increase compared with figures for 1996.
Prevent estimates that the total cost of the effects of psychological harassment at work to employers is roughly SKr18 billion (€2 billion), plus the additional costs to the government for the payment of sickness benefit, rehabilitation, medical care and early retirement pensions.
Government health and safety authority data, emanating from the national board of occupational safety and health, show that there is an average absence from work of 120 days for women, and 110 for men, in cases where there is a bullying case reported as a work-related injury - compared with an average of 80 days' absence for a repetitive strain injury.
Legislation
The national board of occupational safety and health's provisions cited above were adopted in September 1993 and entered into force on 31 March 1994.
The provisions oblige the employer to plan and organise work in such a way as to prevent insulting and discriminatory treatment. The employer must make it clear that this type of behaviour is unacceptable, and there must be an early-warning system in place to detect possible cases - for example, when they relate to unsatisfactory working conditions, problems with work organisation or lack of cooperation that can result in insulting discriminatory treatment. The employer must have a policy in place to deal with it and to provide follow-up procedures. The victim should immediately receive help and support.
Other initiatives
Prevent provides advisory material containing examples of how joint workplace rules may be formulated. In general, the victim should immediately consult the safety delegate, who should be trained to deal with such a complaint.
Further opportunities to prevent harassment are provided by the systematic work environment management provisions 2001.
The government's 11-point programme for better health in the working environment, which is part of the 2002 budget bill, does not explicitly mention harassment, but this is implicit in its aim to prevent long-term illness. At present, a tripartite commission is negotiating and discussing measures to reduce long-term illness.
United Kingdom
Definitions
The former MSF union (now part of Amicus) defines bullying as: persistent, offensive, abusive, intimidating, malicious or insulting behaviour, abuse of power or penal sanctions which makes the recipient feel upset, threatened, humiliated or vulnerable, which undermines their self-confidence and which may cause them stress.
Individual companies such as British Telecom plc have also developed their own definitions.
Statistics
The third survey on working conditions carried out by the European Foundation for the Improvement of Living and Working Conditions1 found that 14% of respondents considered that they were victims of harassment or bullying at work (compared with the European average figure of 9%).
An estimated 18 million working days a year are lost because of bullying, and, compared with workers who are not bullied, victims take an average seven extra days off a year.
The cost of bullying and resultant injury to health to employers, employees and society is estimated to amount to at least £12 billion (€18.5 billion) each year, and when the consequential costs (impairment of performance, sickness absence, staff turnover, family breakdown, the tribunal system, regulatory bodies, etc) are included, the annual cost to the country could be as high as £30 billion.
Research carried out by the UMIST Manchester School of Management2 in 2000, based on responses from 5,288 employees, found that 10.5% of the sample had been bullied over the preceding six months and that 24.4% had experienced bullying over the preceding five years.
Slightly more women (12%) than men (10%) reported themselves to have been bullied, and younger people, especially those under 24 years, appeared to be more at risk. The majority of the perpetrators (74.7%) were identified as managers, compared with 36.7% who were colleagues. The same study found that nearly half the respondents (47%) had witnessed bullying at work.
Fatalities
Jermaine Lee, a Royal Mail employee, committed suicide in 1999 as a result of being bullied at work. The case was settled in 2002.
Legislation
There is no specific anti-harassment legislation. The Dignity at Work Bill was introduced in the 2001/2002 parliamentary session as a private member's bill, but it ran out of time and has not got any further. If enacted, it would have penalised persistent bullies and employers who allow bullying to take place.
The main legislation covering general duties, mental health and risk assessment provisions are the Health and Safety at Work Act 1974, and the Management of Health and Safety at Work Regulations (MHSW) 1999. The Approved Code Of Practice relating to the MHSW provides non-legislative practical guidelines.
Company agreements or policies
Research carried out by telecommunications company British Telecom assembled evidence of a clear link between bullying, harassment and work-related stress. A survey within the company found that one in seven staff had been targeted by a bully, and, in consultation with its unions, Connect and CWU, the company has developed new policies to include new procedures and training under the policy document A better place to work, issued in 2002.
The company believes that it has a responsibility to adopt a "positive position on harassment": to create an environment that is free from bullying and intimidating behaviour; to encourage all employees to behave in an appropriate manner at all times; and to encourage personal responsibility for ensuring that the dignity of colleagues is respected at all times. Key aspects of the policy include the use of equal opportunities specialists; the provision of formal and informal routes to resolve cases of bullying; the use of union safety reps; and the provision of counselling.
Other employers who have developed bullying policies include Gloucester City Council (1993), the City of Liverpool (1995) and Bournemouth City Council (2001).
Other initiatives
Many initiatives emanate from union organisations. The Trades Union Congress has developed information material, as have several individual unions. For instance, Amicus has produced a model dignity at work policy and guidelines for its members on how to organise "around bullying at work". It also helped coordinate the lobbying activity in support of the Dignity at Work Bill.
The Andrea Adams Trust, set up in 1997, was the first non-political and non-profit organisation in the world to deal exclusively with the subject of workplace bullying (www.andreaadamstrust.org). As well as carrying out research and providing a programme of training and development, the trust offers immediate confidential advice and support via its helpline (+44 1273 704900). The Work Foundation also offers a dignity at work consultancy service (+44 20 7479 2000).
Other organisations for information on workplace bullying include the Labour Research Department, which published Bullying and harassment at work - a trade unionist's guide in November 2001. One of the most comprehensive online services providing information, links and a regular newsletter is to be found at www.bullyonline.org.
1Pascal Paoli and Damien Merllié, "Third European survey on working conditions, 2000", European Foundation for the Improvement of Living and Working Conditions, Luxembourg, 2001.
2Helge Hoel and Cary L Cooper, "Destructive conflict and bullying at work", 2000, available on the web at www.le.ac.uk/unions/aut/umist1.pdf or from the University of Manchester Business School, telephone: +44 161 200 3400.
