Protection against mobbing in public health institutions – remarks on judicial procedures

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Piotr Stępniak

4 (46) 2012 s. 196–202
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Fraza do cytowania: Stępniak P Protection against mobbing in public health institutions – remarks on judicial procedures. Piel Pol. 2012;4(46):196–202.

In this paper, we approach the problem of mobbing in public health institutions. Legal aspects grounded in labor, civil and criminal law are described. Considerations are based on wider cultural and organizational-institutional context. Critical analysis of legal lobbing definition is conducted based on labor law. Author indicates its generic formula, making a mobbing victim difficult to settle a claim. Examples of mob-bing in healthcare environment and are presented. It is indicated that from the legal point of view, labor and criminal law, mobbing may be a direct or indirect act. Author describes civil responsibility rules subject to damages caused by mobbing, and criminal responsibility rules as well. The latter case is considered questionable if phenomena should be penalized or are present regulations – with respect to stal-king, sexual harassment, persistent labor law abuse, causing injury – adequate. In conclusion, author figures out that contemporary legal code provides adequate protection against mobbing, in all labor, civil and criminal law domains. However poses the question if the law itself is a sufficient instrument to solve internal problems of public health institutions, including team conflicts. According to the author equally important is improvement of human relationships in health care institutions. For that reason a dedicated regulation has been introduced by the authorities of Poznan University of Medical Sciences, which settles rules to prevent mobbing at the university.

Key words: mobbing, prevention, law, public health institutions, human relationships improvement.



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