What consequences can bullying have?
It has been empirically proven that people affected by bullying suffer from physical or mental discomfort (tension, nervousness, nausea, headaches, difficulty sleeping, nightmares and more) or chronic illnesses (cardiovascular diseases, gastrointestinal diseases, states of exhaustion.
How do I behave if I’m being bullied?
Tip 4: Fight back against bullying It is best to have a discussion with the bully in the presence of a third party. Defend yourself verbally. Demand fair behavior. say no Draw boundaries. Discourage the bully. Counter swiftly. Unnerve the bully.More entries…•
What happens with bullying?
Bullying usually occurs where people form a forced community in a confined space (e.g. in an office). This can quickly lead to rivalries, but also to open hostilities. Instead of teamwork and common goals and successes, competitive thinking, hostilities and exclusion arise.
What does the works council have to do in the event of bullying?
The BR must require the employer to immediately eliminate grievances that encourage bullying. If the employer refuses, he can be prosecuted before the labor court. The works council can also require the employer to dismiss or transfer a bullying employee.
How can the works council help me?
In detail, the works council has to fulfill the following tasks: It must ensure that the applicable laws, collective agreements, accident prevention regulations and company agreements are implemented in favor of the employees. He applies to the employer for measures that serve the company and the workforce.
When can the works council be involved?
When employment law matters are important. If the conflict cannot be resolved between people and mediation becomes necessary. If there is a company agreement in relation to bullying or dealing with conflicts.
Which discussions may the works council attend?
There is no general entitlement for a works council member to take part in an appraisal interview. Regarding your case: If it is about the annual appraisal interview and thus also about your professional development, you may invite a member of the works council to the appointment.
What does the works council do for the employees?
The tasks of the works council include, in particular, conducting negotiations with the employer, making proposals for the settlement of differences of opinion (cf. Section 74 (1) sentence 2 BetrVG) and applying to the employer for measures that serve the company and the workforce (§ 80 para.
What is the works council allowed and not allowed to do?
Works council members may not engage in party-political advertising. Works council members may not insult the employer or third parties and may not blackmail them. Works council members may not allow themselves to be favoured. Works council members must fulfill their training obligations.
What if the works council does not help?
If the employer and the works council disagree about the justification of a complaint, the works council can appeal to the arbitration board in accordance with Section 85 (2) BetrVG. In these cases, the arbitration board can only be appealed to by the works council. The employee’s consent is not required.
What can you ask the works council?
Unless there is a statutory or collective bargaining agreement, the works council has a right of co-determination, for example, when it comes to questions about the organization of the company and the behavior of employees in the company or when there are questions about the beginning and end of daily working hours including breaks …
Who controls the works council?
Since the employer has no authority to check the content of works council work, he cannot generally request any information about the type of works council work.
Can the works council be sued?
1 BetrVG, a works council can be dissolved if it has grossly violated its legal obligations. The first requirement is the violation of legal obligations. However, not every injury is enough. Rather, it must also be rough.
When is the works council liable to prosecution?
Pursuant to Section 119 Paragraph 1 No. 3 BetrVG, anyone who discriminates against or favors a member or (acting) substitute member of the works council or the other representative bodies and other bodies specified in the provision precisely because of this membership is liable to prosecution.
How can you overthrow the works council?
If the works council grossly violates its legal obligations, this can lead to its dissolution. However, the dissolution of the works council due to a breach of duty can only be carried out by the labor court. It is not possible for the works council to be voted out of office by the company’s employees.
Can the works council expel a member?
A works council member can be expelled from the works council for gross violation of his legal obligations. The works council of a company had applied to the labor court to exclude one of its members.
What happens if you break confidentiality?
Criminal law provides for a prison sentence of up to one year or a fine for violating confidentiality.
Are discussions with the works council confidential?
As a works council, you are the elected representative of your workforce. Therefore, your first commitment is to the. So it goes without saying that you must keep personal information confidential. all information evident from application documents or personnel files.
Are company agreements confidential?
In principle, a company agreement does not fall under such a company or business secret, since it is designed as a “law of the company” for publication. In principle, no interest in secrecy is to be recognized beyond the company affected by the works agreement.
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