Vertical Mobbing and Mistreatment: Commentary on Judgment No. 38306 of 2023

Judgment No. 38306 of June 14, 2023, represents an important benchmark in Italian jurisprudence concerning vertical mobbing, which refers to vexatious conduct carried out by the employer towards the employee. With this ruling, the Court of Cassation has clarified some fundamental aspects regarding the configurability of the crime of mistreatment and the meaning of disciplinary actions that may be taken against the worker.

Definition of Vertical Mobbing

Vertical mobbing occurs when the employer engages in habitual conduct of oppression and humiliation towards the employee. The judgment emphasizes that, regardless of the formal legitimacy of disciplinary initiatives, the focus must be placed on the vexatious conduct that occurs within the employment relationship, taking advantage of the employee's subordinate position.

Vertical mobbing towards the worker - Configurability of the crime - Conditions - Legitimacy of disciplinary initiatives - Irrelevance. Vexatious conduct, characterized by habitual oppression and humiliation by the employer towards the employee, taking advantage of their subordinate position, constitutes the crime of mistreatment in its vertical mobbing aspect. The formal legitimacy of disciplinary initiatives taken against the "mobbed" individual is irrelevant, even in relation to reactive behaviors exhibited by them.

Legal Implications of the Judgment

This judgment is part of a legal context where the legislator has provided for the offenses of mistreatment, under Article 572 of the Criminal Code, which can also include mobbing conduct. The Constitutional Court has repeatedly reaffirmed the importance of protecting workers from abuse and oppression, recognizing that the psychological well-being of the employee is a fundamental element for a healthy and productive work environment.

• Vexatious conduct does not necessarily have to manifest through violent or intimidating acts.
• The legitimacy of disciplinary initiatives does not exclude the possibility of configuring the crime of mistreatment.
• The worker's reaction to vexatious behavior cannot be used as a justification for the employer's conduct.

Conclusions

In conclusion, judgment No. 38306 of 2023 marks a significant step in the fight against vertical mobbing, highlighting how the protection of workers' rights must be a priority for every employer. Through its rulings, jurisprudence continues to outline a regulatory framework that protects workers from vexatious conduct, reaffirming the importance of a respectful work environment free from humiliation. It is crucial for companies to adopt prevention and awareness policies to combat the phenomenon of mobbing and ensure a dignified working environment for all.