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п»їLabor mobbing: what to do when you suffer harassment at work |
Work mobbing or psychological harassment at work are behaviors or behaviors aimed at degrading and undermining a worker's self-esteem. Situations that, due to its repetition over time, due to its degrading nature of working conditions and due to the hostility or intimidation of the work environment it generates, are intended to undermine or endanger the integrity of the worker. What to do if you are a victim of workplace harassment?
Mobbing is an attack on personal dignity aimed at the worker leaving his job. What measures to take? How to prove workplace harassment?
When is work harassment considered?
Proving workplace harassment is not always easy, because one of its characteristics is that it masks absolutely normal and does not usually leave a written trace. The first is how to know if I suffer mobbing at work. We address the keys to show that you suffer workplace harassment by the labor law specialist Tania Pose, of ABA Lawyers.
Workplace harassment is not an isolated event, but a series of recurring events (at least once a week) maintained for a long time (at least six months). The most common example of workplace harassment is leaving the worker without duties or effective occupation. The worker must provide evidence of the existence of such harassment, and the company accredit in an objective and reasonable manner the behaviors or measures taken.
What to do in a case of workplace harassment The collection of evidence is one of the keys to prove workplace harassment. A ruling issued in 2014 by the Supreme Court granted validity to tape recordings and whatsapp conversations as evidence in a judicial proceeding for harassment or labor mobbing.
Other means of proof are:
The interrogation of the stalker.
The statement of the harassed worker.
The witness statement.
The medical / psychological expert report of the harassed worker.
The minutes of the Labor Inspection.
How to defend against workplace bullying In case of bullying there are several legal procedures:
Complaint to the Labor Inspectorate: An inspector visits the work center to collect testimonies from witnesses, consult documents or verify working conditions. The records of the Labor Inspectorate are an ideal means of proof for use in a judicial proceeding.
Procedure for the protection of fundamental rights and public liberties: it is limited to the knowledge of the injury of the fundamental right or public freedom. It is urgent and the lawsuit must include the facts that constitute the harassment, the right or the freedom violated, the amount of the compensation sought with the specific specification of the damages caused to the worker.
Termination of the employment relationship: the worker may request the termination of his employment contract in the event of a substantial modification of his working conditions that are detrimental to his dignity, with the right to receive the compensation established for the unfair dismissal.
Ordinary procedure: compensation for damages. Established in those cases in which the psychological harassment has ceased, either because the company has taken appropriate measures to end it, or because the worker as a result of the harassment has been removed from his job, either on the occasion of a temporary or permanent disability.
You may also be interested in: Workplace harassment: How not to let it affect us and discover everything about Bore Out Syndrome at work: What it is, causes and solutions.
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