Counteracting Mobbing: The Role оf Collective Bargaining Agreements аnd Forensic Expert Studies

Abstract

This scientific paper examines mobbing as one of the most harmful forms of psychological pressure within workplace collectives, undermining employee well-being and organizational stability. To accomplish the goal, general scientific methods have been employed: observation, comparison, abstraction, analysis, synthesis, modelling, etc. It emphasizes that, despite the statutory incorporation of the concept of «harassment (mobbing)» into the Labour Code of Ukraine, existing legal mechanisms require further development, while anti-discrimination legislation calls for stronger practical instruments. In this context, the collective bargaining agreement assumes particular importance as a preventive tool, enabling the institutionalization of corporate ethics, the establishment of clear grievance procedures, guarantees of protection against unfounded sanctions, and a precise definition of the parties’ liability. At the same time, the role of forensic expertise as a crucial evidentiary mechanism in mobbing cases is underscored. Specifically, forensic examinations – psychological, linguistic, and sociological – provide objective substantiation of psychological pressure, facilitate the analysis of workplace communications, and assess their impact on employees’ mental health. The synergy between the preventive function of collective bargaining agreements and the evidentiary strength of forensic expert studies creates a comprehensive system of protection against mobbing. The article also explores international standards, notably International Labour Organization’s Convention No. 190 and ILO Recommendation No. 206, as well as European Union – Directive 2000/78/EC, which establish principles of equality and prohibit psychological violence in the workplace. Their fundamental role in harmonizing national legislation and building a multi-level system of mobbing prevention – based on the integration of legal guarantees, organizational measures, socio-psychological methods, and forensic expert studies – is substantiated.