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The concept of mobbing or moral harassment in the workplace was first enshrined in the 2003 Labour Code, in line with the demands of some legal scholars who had been calling for a legal solution to address what is considered to be one of the fastest growing phenomena in the sociological and labour law landscape. This phenomenon, which may have different underlying reasons or purposes, can manifest itself in various forms or practices, namely through behaviours that, in isolation, may even be lawful and seem insignificant, but which can take on a very different significance when inserted into a particular procedure and repeated over time, requiring important protection for the victim of harassment. In situations of moral harassment, the violation of personality rights arises in the context of the particular vulnerability that characterises the position of the employee in the employment relationship and the breach of the duties of protection and safety that arise from this relationship and that are incumbent on the employer, which has drawn our attention to the need for a legal framework.
Über den Autor / die Autorin
Tiago Pimenta Fernandes holds a PhD in Labour Law from the University of Santiago Compostela. He has a master's degree and postgraduate degree in Labour Law from the Portuguese Catholic University. He is an assistant professor at Portucalense University and an assistant at ISCAP. He is an associate lawyer at the law firm 'SAR - Silva Rosa e Associados' in Porto.
