Mobbing under labor law
From a behavioral point of view, mobbing or bullying are nothing new. Leymann opened the public discussion. Mobbing appeared under labor law by Wickler and the case law of the Thuringia Regional Labor Court in 2001. Since then, it has gained diverse professional and social awareness. Dealing with bullying is still difficult in legal practice. Comparable cases can be treated different in courts. A legal term is still missing.
The term explication starts from the previous, through the description of terms that appear in the context, the old term, which is vague, is replaced by the new legal term Mowalt. For this purpose, an overview of the previous legal situation in various case constellations is given in terms of labor law, criminal law and social law. Terminological basics, context names, including ICD-10, statements from case law and legal literature are included and considerations are made about a reverse social adequacy.
So-called "classics" and other contributions by various scientists from behavioral research, medicine, sociology, psychology, neurobiology and philosophical aspects with a view to applicable conventions and the case law of the Federal Constitutional Court are used to capture the phenomenon. The need and necessity of a legally secure basis for dealing with such situations become clear.
As a result, the explicandum is replaced by the new, the explicate, which is developed as a legal term. The legal concept is followed by a draft bill. Motivated by social-psychiatric and neurobiological influences and approaches from brain and mind research, which provide starting points in inter- and multidisciplinary scientific projects, the work concludes with an outlook and suggestions for further research that goes beyond previous considerations and limits beyond the usual categories.