Claim for Workplace Harassment (Mobing) – How to Protect Your Rights and Initiate Legal Proceedings

Workplace harassment has become one of the most frequently discussed issues in employment law. An increasing number of employees in Serbia report various forms of psychological abuse-ranging from humiliation and insults to exclusion, intimidation and deprivation of rights. Despite the public attention the topic receives, many employees are still unsure of their concrete legal rights and what a claim for workplace harassment (mobing) actually looks like in practice.

This guide provides a detailed overview for both employees and employers: how to recognize workplace harassment, where to file a complaint, what deadlines apply, how the legal process unfolds, and what outcomes may be expected in court.

What Is Workplace Harassment?

Legal Definition

Workplace harassment (mobing) is defined under the Law on Prevention of Harassment at Work. According to Article 6, harassment includes any active or passive behavior by an employer or employee directed toward another employee, with the purpose or effect of violating that employee’s dignity, reputation, integrity, health, or professional status-provided that such behavior is repeated and occurs over a longer period of time.

To qualify as workplace harassment, the behavior must be:

• repeated and systematic,

• directed at a specific employee,

• offensive, humiliating, or intimidating, and

• causing consequences to the employee’s mental or physical health.

Mobing vs. Discrimination vs. Legitimate Employer Measures

It is important to distinguish harassment from:

• discrimination, which is based on personal characteristics (e.g. gender, age, nationality, political beliefs, disability), and

• legitimate employer actions, such as written warnings for lateness, redistribution of tasks, or performance monitoring.

Not every unpleasant situation constitutes harassment. There must be conduct that goes beyond the boundaries of a normal employment relationship.

Who Can Be Responsible for Workplace Harassment?

Harassment can be committed by:

• an employer or director (vertical harassment),

• a colleague or group of employees (horizontal harassment), or

• an employee towards a superior (upward harassment).

Regardless of who commits the harassment, the employer is legally obliged to take measures to protect the employee. Failure to act may result in liability for damages.

How to File a Workplace Harassment Claim

1. Internal Procedure With the Employer

The law requires an employee who feels harassed to first submit a written request for protection to the employer. The employer must notify the employee within three days and attempt to resolve the situation within eight days.

This step is mandatory in cases of horizontal harassment (harassment by colleagues), as the employer must intervene and ensure a safe working environment.

2. Mediation Procedure

If both sides agree, the dispute may be resolved through mediation conducted by a neutral mediator. Mediation may last up to eight days. If it does not lead to a resolution, the employee may proceed to file a lawsuit.

3. When a Lawsuit Can Be Filed Immediately

If the harassment is committed by the employer, director, or a person authorized to make decisions about the employee’s rights and status, the employee may bypass the internal procedure and file a lawsuit directly with the court.

4. Statutory Deadlines for Filing a Lawsuit

A workplace harassment claim must be filed:

• within six months from the date the employee learned of the harassment, and

• no later than three years from the date the harassment occurred.

Missing the deadline results in loss of the right to file a claim.

Proving Workplace Harassment

Types of Evidence

Proving harassment is often the most challenging part of the process. Courts rely on evidence, not on subjective feelings. Common evidence includes:

• written communication (emails, messages, reports, memos),

• witness statements from colleagues or other persons,

• medical records (psychiatric reports, diagnoses, sick leave due to stress),

• reports from the Labour Inspectorate or internal HR bodies.

Challenges in Evidence Collection

Employees often hesitate to testify against their employer. Secret audio recordings may be problematic and are not always accepted by the court. For that reason, employees should document incidents, save all correspondence, and seek legal advice as early as possible.

What Can Be Requested in a Workplace Harassment Claim?

The lawsuit may include several types of claims, such as:

• Declaration of harassment – a court finding that harassment occurred,

• Prohibition of further harassment,

• Transfer to another position without reduction of salary,

• Protection of employment rights, including annulment of unlawful decisions,

• Compensation for material damages (lost wages, medical expenses, travel costs),

• Compensation for non-material damages (emotional distress, fear, stress, health impairment),

• Publication of the judgment (in the media or within the employer’s premises).

Courts may award significant damages, particularly when harassment is found to be systematic and long-lasting.

Consequences for the Employer

Financial and Administrative Penalties

An employer who fails to protect an employee or who commits harassment may be fined:

• 100,000 to 800,000 RSD for a legal entity,

• 10,000 to 40,000 RSD for a responsible individual.

If the employer does not comply with the Labour Inspector’s orders, fines may be repeated.

Liability for Damages and Right of Recourse

The employer is liable for the damages suffered by the employee-even when harassment is committed by another employee. After compensating the victim, the employer may seek reimbursement from the individual who committed the harassment.

Reputational Damage

Beyond financial consequences, harassment proceedings can significantly harm the company’s reputation, employee morale, and internal relations-leading to long-term business consequences.

Prevention and the Role of an Attorney

How an Attorney Can Assist Employees

An employment lawyer plays a crucial role in:

• assessing whether the behavior constitutes harassment,

• drafting complaints and lawsuits,

• collecting evidence and representing the employee in proceedings,

• conducting negotiations and mediation,

• protecting the employee from retaliation (e.g. dismissal, demotion).

Early legal assistance often prevents escalation and simplifies the litigation process.

How Employers Can Reduce Legal Risks

Employers may prevent harassment claims by:

• adopting internal policies on harassment prevention,

• educating managers and staff on acceptable workplace conduct,

• establishing an internal body for reviewing complaints.

Such measures demonstrate that the employer actively safeguards employee dignity and takes reported incidents seriously.

Conclusion

Workplace harassment is not only an ethical issue but also a legal one. Employees are entitled to dignity and protection, while employers must ensure a safe and respectful work environment.

If you are experiencing harassment, do not remain silent-document the incidents, consult a lawyer, and initiate protective measures in a timely manner. A properly filed harassment claim not only safeguards your rights but also contributes to creating a healthier workplace for all.

Frequently Asked Questions (FAQ)