1. Workplace Bullying and Harassment The current situation in Germany Dr. Martin Wolmerath Tokyo, 27.02.2013

2. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 20132

3. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 20133

4. The early days of the discussion (1) 1993: „Bullying. Psychoterror in the workplace and how you can defend yourself against it“ (Heinz Leymann) Employees: „Mobbing“ made it possible to speak about a serious problem Employers: Workplace bullying does not exist ©Dr. Martin Wolmerath, 20134

5. The early days of the discussion (2) Politics and society: no ideas and no unterstanding what was happening and no solutions I always thought bullying is a job of a cleaning lady ©Dr. Martin Wolmerath, 20135 Paloma Verlag, © Herbert Gutsch

6. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 20136

7. Definition – Esser & Wolmerath Bullying is a process happening in the working environment, where destructive actions of various kinds against individuals are made repeatedly and over a longer period and are perceived by the aggrieved party as an infringement and violation of their person and where the unbridled course for those concerned basically leads to the fact that their psychological state and health are increasingly impaired, their isolation and exclusion in the workplace increase, however, the opportunities to a satisfactory solution dwindle and frequently end in the loss of their work sphere. ©Dr. Martin Wolmerath, 20137

8. Definition – § 3 Abs. 3 AGG Somebody harasses someone when unwanted intentional or unintentional conduct violates the dignity of the other person and an offensive environment that is marked by intimidation, hostilities, degradation and humiliation is created. ©Dr. Martin Wolmerath, 20138

9. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 20139

10. Figures and facts (1) 3.5 % of total employment ≈ 1.4 million people ≈ in almost every other company Every fourth to ninth employee during their working lives In every business = private and public sector More cases in small and medium sized companies than in companies with 250 employees or more ©Dr. Martin Wolmerath, 201310

11. Figures and facts (2) High risk in the field of private sector services, public service and trade ⅔ to ¾ bullying cases happen to women All age groups, but higher numbers in the age group 30 – 49 Duration: long term employment does not protect against bullying ≈ 50 % carried out by superiors, ≈ 50 % by colleagues, 1.5 – 2.3 % by subordinates ©Dr. Martin Wolmerath, 201311

12. Figures and facts (3) „Möglichmacher“ (facilitator) Verbal actions are in the foreground Cyber-bullying: minor importance ©Dr. Martin Wolmerath, 201312

13. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 201313

14. Consequences Victim: health, job, 2,000 suicides (men: 1,500; women: 500) Bully: legal sanctions are more theoretical, „Angst-Mobber“ (fear-bully) Company and employees: costs of around € 15 billion an year (business costs) Society: loss of social skills and verbal communication, increase of violance, no figure about the costs ©Dr. Martin Wolmerath, 201314

15. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 201315

16. Background and reasons Highly individualized and based on the secific case Possible causes: enviroment, social system, personal system, person of the bully, person of the victim High unemployment rate Big changes in the world of employment Unification of two different political systems Progressive individualization ©Dr. Martin Wolmerath, 201316

17. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 201317

18. Legislation and national policies No specific legislation No legislative action § 238 StGB: Stalking is criminal It seems that the national policies deny the problem Bills from the small parties (pirate party: 2013; PDS [now: the left]: 1997) have no chance ©Dr. Martin Wolmerath, 201318

19. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 201319

20. Judiciary Bullying is more on the periphery Only a few decisions Only a very few legal proceedings were successful Court is no place to resolve a conflict 26.07.2012: Mediationsgesetz (law for promotion of mediation and other methodes of alternative dispute resolutions) Federal Labour Court: important judgement of 25.10.2007 ©Dr. Martin Wolmerath, 201320

21. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 201321

22. Intervation and prevention in companies Company agreements between work councils and employer are essential One good example: ©Dr. Martin Wolmerath, 201322

23. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 201323

24. Importance of voluntary organizations Mobbing Hotline Baden- Württemberg (bullying hotline Baden-Württemberg) MobbingLine Nordrhein-Westfalen (bullying line North Rhine-Westfalia) TelefonSeelsorge (crisis helpline) ©Dr. Martin Wolmerath, 201324

25. Contents The early days of the discussion Definition Figures and facts Consequences Background and reasons Legislation and national policies Judiciary Intervention and prevention in companies The importance of voluntary organizations Future prospects ©Dr. Martin Wolmerath, 201325

26. Future prospects Works councils and employers have to act Aging society means that the active workforce will become more valuable The last hope: ©Dr. Martin Wolmerath, 201326

27. Thank you very much for your attention and interest ©Dr. Martin Wolmerath, 201327