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Legislation of Violence on Workplace (Mobbing) in Spain
- Source :
- Societas et Iurisprudentia, Vol 4, Iss 4, Pp 160-191 (2016)
- Publication Year :
- 2016
- Publisher :
- Trnava University, Faculty of Law, 2016.
-
Abstract
- The Spanish legislation does not regulate in any law the protection of employees against mobbing (with the exception of public administration). Violence on workplace violates fundamental rights included in the Constitution, mainly the right for equal handling and the right for dignity. Even though the Labour Code, nor the Law for Prevention of Hazard on Workplace do not contain definition of prohibition of mobbing, but protection of employees can be found in general provisions of the law. The legislation of administrative penalties in labour relations can be found in the Law of Offences and Sanctions in Social Order. The protection is provided by the Social Court Order in case of violation. The activity of the inspection of labour in the field of harassment and violence on workplace is regulated by notice which determines the procedure in the administrative trial. The important role plays the jurisdiction in trials dealing with mobbing.
- Subjects :
- violence on workplace
mobbing
equal handling
discrimination
right for dignity
labour code
prevention of hazard on workplace
administrative liability of the employer
administrative offence
offence
labour judiciary
inspection of labour and social security
administrative trial
spain
Law in general. Comparative and uniform law. Jurisprudence
K1-7720
Subjects
Details
- Language :
- Czech, English, Slovak
- ISSN :
- 13395467
- Volume :
- 4
- Issue :
- 4
- Database :
- Directory of Open Access Journals
- Journal :
- Societas et Iurisprudentia
- Publication Type :
- Academic Journal
- Accession number :
- edsdoj.8d348ec07adb4a72b9761fc12ca4dc64
- Document Type :
- article