The approval processes for workplace harassment and their impact on legal certainty

Abstract

Labor harassment or mobbing causes several risks within the workplace, such as the case of generating a hostile environment in interpersonal relationships between workers and employers. Its consequences are irreversible, due to the lack of attention in the administration of justice when dealing with this figure. Therefore, the objective of the research work will focus on: If there is an ineffective process when talking about the approval and its impact on the legal security of the victim in the face of labor harassment? By making known concepts that are related to the subject of the approval process, how it acts within the figure of labor harassment and how the due process must solve the legal security of the victim within the judicial process. This qualitative research work uses three methods: inductive-deductive, analytical-synthetic and bibliographical-documentary, these three methods allow a flexible and rigorous approach, ensuring an adequate validation of the problem addressed and providing a complete and deep vision of the topic. As a result, it became evident that the process of approval of labor harassment has become only an administrative act, which undermines the legal security of the victim. Finally, it was determined that there is an impact on the legal security of the victim, since when it is proved that there was harassment, she is dismissed from her workplace, while the harasser, the person who carried out the harmful action, continues in his job, bringing with it that these acts have become repetitive.