Legal and regulatory framework of labor rights protection of the citizens of Ukraine: prohibition of mobbing

Problem setting. In the conditions of constant industrialization, economic fluctuations, continuous uncertainty during the war, the labour rights of the employee are left aside, since the employer often neglects the labour force and forgets about the humane and valuable attitude towards the employee in search of the financial success of his/her company. The psychological state of an employee remains a particularly sensitive area as it is influenced by possible constant harassment or bullying by the employer or colleagues. After all, the effective performance of the labour duties by employees of any sphere, as well as labour productivity directly depends on the psychological climate in the team and the attitude of management. Therefore, the study of the mobbing issue today shall be extremely important and relevant for all categories of employees, including public officials, who, among their fundamental rights, have the right to respect for their personality, honour and dignity, the right to a fair and respectful attitude from the management or colleagues and the right to adequate remuneration for their work.

Recent research and publications analysis. Numerous works of scientists in the field of labour law of Ukraine are devoted to issues of labour protection of employees, namely: E. V. Babenko, N. B. Bolotina, V. Ya. Buriak, P. D. Pylypenko, L. Yu. Prohoniuk, H. I. Cha- nysheva et. al. However, there are many works devoted to the labour rights of public officials, since the activities of public officials, in addition to special legislation, shall be also governed by the norms of labour legislation, and public officials may also be subjected to bullying and harassment. These issues were relevantly considered in the works of L. V. Apa- naskovych, A. Yu. Babii, L. Yu. Velychko, V. V. Myrhorod-Karpova, M. V. Panchenko, V. Parpan et al.

Highlighting previously unsettled parts of the general problem. Since the term “mobbing” at the legislative level was introduced in Ukraine only at the end of 2022, so far, its manifestations, signs, types, methods of prevention and types of liability have not yet been mentioned, and this allowed us to consider all these issues profoundly in our research.

Paper main body. It has been determined that mobbing shall mean a type of harassment that can be applied to an employee through humiliation at work and usually manifests itself as a psychological abuse by a colleague (group of colleagues) or directly by management. Mobbing can be either vertical (harassment of an employer against an employee), or horizontal (harassment of a colleague against a colleague). There are also selective mobbing (singling out a victim from a group of employees), discriminatory (a victim is one who is different in the team), sexual (sexual harassment), revelatory (applied to persons who exposed negative facts about colleagues), authoritarian (destructive style of a management), displaced (directed to a third party), etc.

It was found that public officials may also fall under the manifestations of mobbing, as legal relations of public officials in the labour sphere are covered by labour law. When using the labour of public officials, labour relations definitely arise, but taking into account the specifics of their work and duties, as a public official to some degree affects both public and private interests. Public officials have special legal status in labour relations.

It has been researched that if employees have experienced harassment by the employer, then they have the right to file a complaint with: 1) the central executive body implementing the state policy in the field of supervision and control over compliance with labour legislation; 2) the court.

The article indicates ways to avoid mobbing and the amount of penalties for the latter.

Conclusions of the research and prospects for further studies. Thus, we may argue that the state shall guarantee all categories of employees (including public officials) legal protection against mobbing, prejudice in labour relations, manifestations of discrimination, protection of the honour and dignity of the employee in the performance of his/her duties. In case of manifestations of harassment, the legislation of Ukraine provides for the possibility of applying to a special body for the protection of labour rights or to the court and compensation for the material and moral damage caused, if this led to psychological suffering, to the loss of normal life contacts for arrangement the person’s life. The provisions outlined in the research shall improve the regulation of the public administration system in the field of protecting the labour rights of employees in the service of the state.