ANALYSIS AND DISCUSSION
The harassment in the work relationship has existed since the early days, but the Brazilian law has focused attention to this subject for about fifteen years, and even many judicial rulings in favour of those who suffered such abuse, yet there is a national law that specifies However, there are state laws adopted in part from the states, it is necessary to examine the link between the conduct of the employer and the psychological damage - the employee''s emotional to be characterized.
With commercial development, business and technology, everything has become more dynamic. The companies spent more and require their employees to meet and exceed its business goals, thereby impairing, labor relations, requiring ever more than one employee, and in many cases damaging their physical and mental health, through coercion or disrespect to the intellectual quality of the person in charge or less.
The bullying is characterized by an improper conduct that in any way make the harassed to feel humiliated, may come mainly in the form of excessive charges, words that rebaixem the honour, verbal aggression, threats of job loss and prolonged or repetitive tasks, is described in Law No. 13.288/2002, which deals with bullying in dependencies of the Municipal Public administration Direct and indirect, in its Article 1, single paragraph:
<...> It is considered bullying all sorts of action, gesture or word that reaches, by repetition, self-esteem and safety of an individual, making him doubtful for themselves and their competence, resulting in damage to the environment of work, the evolution of the career or the stability of employment of the employee, such as: mark tasks with impossible deadlines; pass someone from an area of responsibility for functions trivial; taking credit for ideas of others; ignore or delete an employee only is driving it through third parties; sonegar information so insistent; spreading malicious rumours; criticise with persistence; underestimate efforts.
And why this occurs? Experts report that the subject has just accepting such behavior from his superior for fear of losing their jobs or simple lack of information. It occurs that, an employee with its economy based solely on that job might be deadlocked, obliged to accept the "tyranny" imposed by their superiors under threat; However, Article 7, item I of the Federal Constitution, in careful what follows:
Art 7 of workers'' rights are urban and rural areas, and other aimed at the improvement of their social condition:
I - relationship of employment protected against arbitrary or dismissed without just cause, in terms of supplementary law, which provide for compensatory damages, among other rights, (our grifos)
We emphasize also Article 186 of the Civil Code, which says that a person to violate a law or cause harm to others, even if only moral commit an unlawful act.
Thus, a worker who has taken their jobs without apparent reason can and must look for what the law allows it to.
For businesses, it is informing size unpreparedness of professionals who take a position of leadership because if they were well educated, know how to proceed to increase the capacity of its employees, they feel humiliated or demoted.
In the draft law No. 5970 / 2001 the National Congress pleiteia changes in the Consolidation of Labor Laws (CLT), specifically in Articles 483 and 484, characterizing and specifying the bullying, telling their characteristics and rights of the worker who suffers the act. Among them, demanding the immediate termination of the employment contract and to seek compensation for their damages, which proved the sole responsibility of the employer on the cancellation, compensation in twice the amount due.
When played in the subject bullying comes in the head that comes from more than subordinate, and thus is not always the case, harassment can come from co-workers that many opportunities occupy the same position that the hierarchical harassed.
In addition to the losses suffered by the harassed, who lost a lot from this opportunity is the company itself. Not only with compensation payable, has to cope with the shortfall in revenue, and often with climate changes in the work environment.
For the harassment is terminated under occupation is needed, within companies, awareness campaigns on the subject, which, superiors have specific training to learn to charge more commitment from his team without that feel themselves coerced, and offer for talks his subordinates to inform them about the matter and the appropriate action in case of occurrence of fact.
With this type of demonstration by the company, the decrease in lawsuits for this reason is clear, firstly that with the higher educated properly, the contractor does not have that fear. For part of having knowledge of the subject matter will recognize when the superior is going the limit and those who use and how to proceed.
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