Compensation for damages and bullying in Italy:
Article 2087 of the Italian civil code places on the employer the obligation to protect not only the individual but also the moral personality of each worker.
Italian jurisprudence and doctrine have identified the health damages that may result to the employee (or employee of bullying):
- Biological damage: it consists in an injury of its psychic/physical integrity, capable of legal medical evaluation, establishing the existence of a disease;
- Non-pecuniary damage: it identifies the state of an acute pain and alteration of the mood of the worker;
- Existential damage: the damage caused to the employee as to alter his habits of life and relationships with other people, such as to jeopardize his quality of life.
It is understood in any case the possibility of obtaining compensation for specific financial losses (loss of profit and consequential damage) if there is an immediate and direct consequence of the detrimental act from the employer (art. 1223 cc).
Bullying (mobbing) can be defined as a persecutory attitude brought about by a series of psychological violence, bullying, violence moral deskilling and abuse, persistent over time, artfully performed by a superior (the “mobbers”) and / or colleagues in order to isolate and damage the worker (victim) and, usually, to oust him from working.