Aproximación conceptual y jurídica al término acoso laboral

Abstract

The legal basis that mark the illegality of certain labour behaviors, such as the workplace harassment, they are both reflected in the Spanish Constitution, in its article 10 which guarantees the maintenance of the dignity in any situation and in article 14 which guarantees the right to equality, as well as, in the status of workers in its text consolidated 1995 article 4. 2 that it guarantees non-discrimination, dignity at work and respect for privacy. Workplace harassment is defined by the European Union, as the negative behavior between peers or between hierarchical superior or inferior, which the person concerned is the subject of harassment and systematic attack for a long time, directly or indirectly, on the part of one or more persons, with the aim or effect of making him a vacuum. The regulation of workplace harassment, we can also find in the Penal Code, as with the entry into force of the law 5/2010, June 22, adds a second paragraph to paragraph 1 of article 173, which refers to the mobbing.