Bullying in the workplace: how you can defend yourself

When the alarm clock rings and the working day calls, your stomach tightens. Nausea rises, your hands tremble and a leaden sadness settles over you. The thought of meeting your boss or colleagues is unbearable. Maybe you are being openly bullied, maybe you are simply being ignored or not taken seriously - either way, it is weighing you down.

Workplace bullying is not a harmless nuisance, but a serious problem that affects body and soul. It robs you of energy, self-confidence and joie de vivre. But you are not alone - there are ways to fight back and get support.

Whether through colleagues or superiors - a toxic working environment often leads to stress, anxiety and can even have health consequences. But you are not powerless: there are clear legal regulations and protection mechanisms that can help you. In this article, you will find out what steps you can take if you are being bullied at work - from important contact points to legal options with which you can effectively defend yourself.

What is workplace bullying?

Bullying means that a person is systematically harassed, insulted or ostracized over a longer period of time. This can be carried out by colleagues or superiors and manifests itself in a number of ways:

• Psychological attacks, e.g. insults, intimidation or threats - possibly in connection with gender, skin color, age or another reason for discrimination
• Social isolation by being systematically ignored or excluded from groups, e.g. from meal plans or team events
• Unjustified criticism or devaluation of work, especially in front of the boss or colleagues
• Overly demanding work tasks that are unfairly assigned to you, which can lead to you failing in front of everyone else
• Assigning the most hated part of the job that is usually shared between colleagues (e.g. cleaning the toilets if you work in an office cleaning company, chopping onions if you work in a kitchen...)
• Spreading rumors or lies in extreme cases (e.g. a colleague steals something and everyone knows it, but accuses you in front of the boss)

Bullying can occur in any working environment - whether you work in an office, on a construction site or in production. It is important to recognize workplace harassment at an early stage and take action against it.

How and where can you report workplace bullying?

If you are experiencing bullying, it is important to gather evidence and tackle the problem systematically. Here are the steps you can take:

• Document the incidents
  
  • Write down exactly what happened: date, time, place, people involved and a description of the incident.
  • Collect emails, messages or other evidence that proves the toxic work environment.
• Talk to the person concerned (if possible)
  
  • If you feel safe, you can seek a conversation and address the situation directly. Sometimes the other person is not aware of how hurtful their behavior is.
• Report the bullying to your line manager or the HR department
  
  • If the workplace bullying is coming from colleagues, your line manager or the HR department should be informed. Companies are legally obliged to ensure a safe working environment.
  • If your line manager is bullying you, you should contact the next higher authority or the works council directly.
• Use company complaints offices
  
  • Many companies have special contact points for complaints about workplace harassment. If there is a works council, it can support you.
• Obtain external help
  
  • If the company does nothing or the situation escalates, you can contact a trade union or the integration office.
  • If stress at work is making you ill, you should seek medical help. You can find out more about this in our article on the health system in Germany.

Report bullying: Everything you need to know about labor law

German employment law protects employees from bullying. There are several legal bases that you can refer to:

• The General Equal Treatment Act (AGG) protects you from discrimination and harassment in the workplace. You can find out more about this in our article on the General Equal Treatment Act.
• § SECTION 823 BGB: Victims of bullying have the right to claim compensation for psychological or physical damage.
• The right to lodge a complaint (Section 13 AGG) gives you the right to officially report bullying to your employer.
• Claims for injunctive relief and removal: Your employer is obliged to take measures against the bullying.
• In extreme cases, the right to refuse performance (§ 273 BGB) allows you to temporarily refuse to work if your well-being is seriously at risk.
• Extraordinary termination of employment (Section 626 BGB) is possible if continuation of the employment relationship is unreasonable.
• In some cases, concluding a termination agreement can be a solution if it is no longer possible to continue working.
• Claims for damages (§ 823 BGB) allow you to claim compensation for damages incurred.

Of course, this was only a general list of possible cases to give a rough overview. Every case is individual and not every situation can be clearly categorized. It is therefore advisable to seek professional support - for example from a specialist lawyer for employment lawwho can help you further.

Further legal steps and our tips for you

If nothing changes despite complaints or the bullying even gets worse, you have the following options:

• Legal action before the labor court: If your employer does not respond or is involved, you can take legal action before the labor court.
• Change of employer: 
• If a toxic work environment is taking a permanent toll on your well-being and performance, changing jobs may be the best decision. If you need support in your job search, WorkerHero will help you find a suitable position - even if your German language skills are not yet perfect.
• Apply for unemployment benefit: If you resign or are made redundant, you are entitled to unemployment benefit under certain conditions. Find out more in our article Apply for unemployment benefit.

Conclusion: You are not alone!

Workplace bullying is a serious matter, but you are not helpless. There are clear legal protection mechanisms in Germany and you have the right to defend yourself. Document incidents, talk to your employer and get legal support if necessary.

If you are thinking about changing jobs, WorkerHero can support you. We can help you find a suitable job in Germany - even if your German language skills are not yet perfect. In addition, our magazine offers many helpful articles about employment law and your rights as an employee. Find out more, strengthen your position and find the job that really suits you with WorkerHero!