Mobbing e rapporto di lavoro

This work represents an analysis, even if summary, of a phenomenon of recent diffusion, but ancients at the same time. Recent because the term mobbing a rampant piece of information is used only since few years, initially in the scientific worlds extra juridical, for then, graces to the awareness of the workers and accomplice of mass media, move in the language of the Doctrine and the jurisprudence. Ancients because subsumeable behaviours launchings indoors of the phenomenon turn out mostly already studied, developed and partly solved by the jurisprudence of merit and legitimacy of the last decades.During the treatment it was in-depth, in the world of the job for mobbing that hostile attitude, of psychological persecution and moral violence, is expert placed in being in systematic and lasting form through oppressive practices of different kind, of an or several subjects, the c.d. mobbers, in the compare some victim worker, c.d. mobbizzato. That being stated, the study was addressed in the first place to analyse this phenomenon under the sociological profile, as it is its in this world scientific that were elaborate mobbing first definitions. Si è visto poi quali sono, ed in che cosa si differenziano tra loro, le principali ricostruzioni - e le disarmonie esistenti - del fenomeno, proposte, rispettivamente in Svezia ed in Italia, da Heinz Leymann e da Herald Ege, analizzando their theorizations on the phases, on the subjects and on the peculiarities of the phenomenon, and, not from last, on the uneasinesses physical psychic same one that he creates in the individual mobbizzato. The ballot, in second place, was directed toward the profile juridical, where the analysis definizionistica was completed essentially on the jurisprudential addresses of merit and legitimacy, by highlighting, in particular verifiable, the differences in order to the approach of the phenomenon "” in matter, that pre mobbing in the two "jurisprudential principal "seasons front at the year 1999, and what following at this date, that used for the first time the term and made it rise to category adapting of the different behaviours that normally are referable within the wide borders of the phenomenon and what first they were considered separately. The analysis then is moved by an interdisciplinary based on factual knowledge plan to a purely juridical plan, by describing the picture normative at present existing the victim can invoke to obtain a tutelage in our order in primis. On such preamble he tried to supply all possible her conclusions in order to the references normative which the mobbizzato can go back to in the tutelage against mobbing. In this phase was examined as the lack of a legal definition of mobbing, one of what, specifically he Reads it regional of the Latium, took a few regional legislators (Latium, Umbria, Abruzzo and Friuli Venezia Giulia) to pass laws, declared by the unconstitutional Conference in all his articles.And 'really here what connects the approach of the Constitutional Court to the phenomenon at issue: In particular, one is seen as the reform of the title V of the Constitution affected on the divide of legislative competence and Areas in work matter and how that created interpretative not few doubts, above all relatively to mobbing, doubtful on what the Conference is immediately present between State, supplying a definition of its of the phenomenon and showing a solution to the contrasts raised as regards the national or regional legislative power on mobbing, not excused from Doctrine criticisms. Light so turns out, after the interventions of the Court Constitutional, that in matter of mobbing, the conflict between State and Areas in order to the competence to legislate on such phenomenon can only exclude when the regional Law does not formulate a definition of mobbing with general valence but you limit it to the discipline of some only of his appearances, with particular reference to the tutelage of the health physical psico of the workers and at the consequent study of the phenomenon, so as prevent him and limit it in his consequences. Examined states, also look, the bills forward to discussion in Parliament, with gestures to the community legislation on the matter of other members States. From last, reserved big part of the exposure to the analysis of the indemnity of the damages to the worker that has right away violences discovered, and concatenate, mobbizzanti to the working relationship. In other words, the configurability of a not patrimonial damage, to the light of the jurisprudential and normative, recent interventions in continuos evolution, and the recognition of these last in head to the worker mobbizzato. In the conclusions an indicative difficulty in disciplining acts and behaviours element signals as the shortage of a specific discipline in our Country to he must not, however, define what he calls of indifference or social insensitivity in the comparisons of the phenomenon in exam, how instead they present two fundamental characteristics: the complexity of the phenomenon and the profile coexistence what, even if pertaining to a same matter is included between different (National and Regional) legislative expertises. True is also, of other part that from elaborate and illustrated how much in theme of mobbing, is clear that the legal system already offers, to whom one finds mobbing situations to undergo in environment of work, the art validates juridical tools of tutelage - first between everything. 2087 of the civil code - at times also neglected tools: Thinking of the general principles of correctness and bona fides am enough, whose violation is suitable to exceed the border between allowed and tort and what allow to verify the dynamics of the exercise of the employer powers performs "”, waves to avoid the margins of discretion, implied in the prerogatives recognized by the order to the employer, turn into will or abuse according to "normal rules".