[Significance of mobbing in Italian law].
The author analyzes the juridical profile that the phenomenon of mobbing assumes within the Italian legal system, emphasizing that the English term of current usage does not designate any specific legal entity as such but simply refers, in summary fashion, to deeds and behaviours that need to be qualified according to the law in vigour. The normative frame of reference for mobbing is found in article 2087 of the Civil code, which states, as an open, teleologically oriented norm, the employer's obligation to safeguard the moral person of the employee; hence the onus is on the interpreter, essentially, to evaluate if there has been, in actual fact, a contravention of this safeguarded legal right. The author then discusses profiles that intersect with mobbing (or behaviours perceived as such) drawing on other cases regulated by the law such as the safeguarding of professionality (art. 2103 of the Civil code), and underlines that often mobbing ends by being construed as a mere accompaniment to, if not duplication of, other typical cases. Finally, the author discusses aspects of the judicial process related to the allegation and proof of the facts constituting the offence, and to the damage, in its various non patrimonial components.
Bollani
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Università di Pavia, Italy. bollani@unipv.it
D006801:Humans; D007558:Italy; D016272:Occupational Health / Q000331:legislation & jurisprudence*; D012919:Social Behavior