Mobbing at work
How to recognize and prove workplace mobbing, and what legal steps you can take.
What to do
Mobbing is rarely proven with a single clear piece of evidence - it is usually proven through a series of smaller, seemingly unconnected acts that only together reveal a pattern of harassment. That is why the first and most important step is systematic, up-to-date record-keeping: the date, location, persons present, and an exact description of each incident, together with preserving any written communication that may be relevant.
The Law on the Prevention of Workplace Harassment provides two parallel paths to protection. The first is a request to initiate mediation proceedings with the employer, to which the employer is obliged to propose mediation as a way of resolving the dispute within three days. The second is a direct claim with the competent court - available immediately, without a prior request to the employer, if the person responsible for the harassment is the employer itself (as a natural person) or a person in a position of responsibility within the legal entity. Both paths are subject to the same time limit.
The claim before the court can seek a declaration that harassment occurred, a prohibition on further such acts, an order to remove the consequences, and compensation for material and non-material damage. Which of these claims makes sense to bring depends on whether the harassment is ongoing, whether employment has since ended, and what consequences have arisen for the employee's health and standing.
When to consult a lawyer
Because of the short six-month deadline and the sensitivity of proving the case (assessing whether the behavior meets the statutory elements of harassment at all, rather than amounting to an isolated workplace conflict), consulting a lawyer before filing a request with the employer or a claim helps ensure the documentation gathered is properly structured and that the right path to protection is chosen. This is especially important when the harassment is attributed to the employer itself or to a person in a managerial position, since a different procedural path is then chosen.
Sources
- Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata, Sl. glasnik RS No. 43/2023), Items 13 and 14
- Tariff on Attorneys' Fees and Expense Reimbursement, consolidated text (Sl. glasnik RS Nos. 43/2023 and 56/2025) (paragraf.rs)
- Law on the Prevention of Harassment at Work (Zakon o sprečavanju zlostavljanja na radu), Arts. 6, 14, 15 and 29
What to do
- Keep a written record of every incident - date, location, persons present, an exact description of the act and, if possible, save any written traces (emails, messages, recordings of meetings if making them is permitted).
- Check whether there are colleagues or other people who witnessed the behavior you consider harassment - their knowledge can be important evidence.
- File a written request to initiate proceedings for protection against harassment with the employer - the employer is obliged to propose mediation as a way of resolving the dispute within three days of receiving the request.
- If the person responsible for the harassment is the employer itself (as a natural person) or a person in a position of responsibility within the legal entity, a request for mediation with the employer is not a precondition - you can go directly to the competent court with a claim, before the same six-month deadline expires.
- Keep in mind that through the claim you can ask the court to establish that harassment occurred, to prohibit further such acts, to order the removal of its consequences, and to award compensation for material and non-material damage.
What it costs
The mediation procedure with the employer generally involves no direct cost for the employee. Court proceedings involve a possible court fee (depending on the nature of the claim) and an attorney's fee if a lawyer is engaged - the exact calculation depends on whether only a declaration/prohibition is sought or monetary damages as well. More detail is on the labor-dispute costs page.
Basis for the attorney fee: Tariff on Attorneys' Fees and Expense Reimbursement, Item 14 (dispute on protection from harassment at work - a claim to establish harassment and prohibit further acts is non-assessable), while a claim for damages is treated as assessable (Item 13).
FAQ
What legally counts as mobbing?
Workplace harassment (mobbing) is any active or passive, repeated behavior toward an employee or group of employees that aims at, or amounts to, a violation of dignity, reputation, and personal and professional integrity, health, or standing of the employee, and which causes fear or creates a hostile, humiliating, or offensive environment, worsens working conditions, or leads to the employee being isolated or induced to terminate employment on their own initiative (Art. 6 of the Law on the Prevention of Harassment at Work). Because the definition requires behaviour that is repeated, an isolated, individual conflict does not, as a rule, qualify as mobbing.
Who should I report mobbing to first - the employer or the court?
The law provides for both paths. The regular course is a request for mediation with the employer, to which the employer is obliged to respond with a proposal for mediation within three days. If the person responsible for the harassment is the employer itself (a natural person) or a person in a position of responsibility with the employer, the employee can go straight to court without a prior request to the employer - in both cases within the same six-month deadline.
How is mobbing proven when there are no written traces?
Systematic, timely recording of the date and description of each incident, together with statements from colleagues who were present, are in practice the most common evidence when there is no written correspondence. The more consistently the record is kept, and the closer to when the incident occurred, the greater its evidentiary value.
Can I seek dismissal-related remedies for mobbing and damages at the same time?
A claim for protection against harassment and any dispute over the termination of employment are separate legal matters that can, depending on the circumstances, be pursued in parallel or combined in the same proceedings - how exactly to frame the claim depends on whether and how employment ended, so it is a matter for individual assessment.