Tax and accounting insights for Ukraine
02.05.24
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Can the failure to provide vacation or deprivation of a bonus be considered mobbing?

Mobbing is a form of psychological violence that consists of long-term and systematic harassment of an employee in a team, reducing his or her authority, usually with the aim of dismissal.

Cases of mobbing:

- Excessive workload (uneven workload).
- Unequal pay for equal work (for performing work of the same qualification, complexity, quality, etc.)
- Denial of professional development (if necessary).
- Unreasonable deprivation of incentives (bonuses, surcharges, allowances, etc.).
- Transfer to another job or change of essential working conditions without justification
- Denial of annual vacation (according to the schedule).
- Refusal to grant unpaid leave (Article 25 of the Law of Ukraine "On Vacations").
- Forcing to stay at the workplace during the lunch break or after work.
- Requirement to write a letter of resignation.
- Denial of voluntary resignation.

Cases of (non) mobbing:

- Changes in essential working conditions due to changes in the organization of production and labor.
- Transfer to another job in connection with a reduction in staff or number of employees.
- Deprivation of a bonus for failure to perform the assigned work (lack of initiative or personal contribution to the work results).
- Bringing to disciplinary responsibility for violation of labor discipline.
- Dismissal for absenteeism or for being at work in a drunken state
- Failure to grant vacation outside the schedule.
- Refusal to grant unpaid leave, remote or home-based work, part-time work or flexible working hours, etc.

Central Interregional Department of the State Labor Service

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