The employment relationship differs from other legal ties because labor law is governed by a “tutive” principlewhich protects the worker not only in contractual and economic aspects, but also protects rights inherent to their human condition, and recognizes the dignity as an inseparable element of their personal integrity.
In these cases the worker can claim compensation for the damage caused by different types of violence, mistreatment, discrimination and abuse in general. This repair can be through the financial compensation for damage sufferedas well as o the payment of medical and psychological expenses caused by the reprehensible behaviors of your employer, which is not limited to the items charged as seniority or notice.
Moobing.
workplace bullying, also known as moobing, refers to the intentional conduct on the part of the employer to nullify the support and communication networks of its victim; destroy his reputation and adversely affect his ability to perform his job duties. This behavior causes damage to their psychophysical integrity with the sole objective of making the worker leave his job.
Discriminatory dismissal.
Discriminatory dismissal is another type of workplace violence and form of mistreatment, which threatens against the dignity and psychophysical integrity of the victimLittle by little, depriving her of her identity, function and category in the workplace.
In these cases, the worker may consider himself dismissed or demand the cessation of the discriminatory act, declaring the dismissal void and restoring the situation to the previous state, whenever possible.
Gender violence.
Violence against women in the workplace affects their ability to access employment, promotion and stability, sometimes through discriminatory requirements based on marital status, maternity, age or physical appearance, among others. Exercising this type of violence also generates the obligation to repair the moral damage.
Also, sexual harassment in the workplace is another form of violence that affects women, constitutes injury and establishes just cause for a woman to be considered dismissed and have the right to comprehensive reparation.
It is common for dismissal claims to be based only on paid compensation without contemplating these forms of workplace violence that can not only morally harm the workerbut they can also leave permanent psychophysical sequelae. Fortunately, the term “labour violence” has been gradually accepted in different judicial resolutions, which recognizes its importance and allows give it the right frameworkl to effectively address this problem and achieve reparation for the damage caused that also deserves to be compensated.
Contact information:
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by CEDOC
