Мобінг як негативне явище у сфері праці та шляхи його подалання через колективно-договірне регулювання трудових відносин

Abstract

The article analyses the current legislation to determine the relevance of the problem and countermeasures against such a negative phenomenon as mobbing in labor relations, the forms of its manifestation, the motivation of mobbers (initiators of mobbing) to commit illegal actions, the responsibility for mobbing and countermeasures at the local level. Attention is drawn to the fact that the main pillar of the state in combating mobbing is the employer. It has been established that in the fight against mobbing, the greatest attention should be paid to the preventive solution of the problem and to the timely and rapid reaction to the actions of employees who show signs of mobbing. To solve such problems, it is recommended to develop and implement appropriate mechanisms and algorithms of employees actions through collective bargaining. It is noted that the parties to the collective agreement are interested in solving problems related to mobbing, therefore the implementation of specific provisions in the collective agreement requires prior agreement between the parties. Taking into account the current legislation, it is proposed to implement the three Ps system in the collective agreement, which consists of such elements as prevention, control and punishment. The first step to a comprehensive fight against mobbing in labor relations is the implementation of measures aimed at diagnosing of development of such a negative phenomenon among employees and researching the awareness of mobbing. Prevention should include systematic educational activities for employees. To verify the complaints of employees about mobbing, it is necessary to create a temporary commission to consider such complaints. Punishment should be aimed at restoring the violated rights of the employee. Punishment, as a violation of labor discipline, can be a reprimand or dismissal.