In this article, we will discuss how to recognize psychological violence in the workplace, what steps to take if you encounter it, and how the SLI can help protect your rights.
What is Psychological Violence?
As of November 1, 2022, with the amendments to Article 30 of the Labour Code, Lithuania has established a ban on violence, including psychological violence and harassment, as well as definitions of these phenomena.
The concept of violence is very broad-it is any unacceptable behavior or threat thereof, regardless of whether it occurs once or repeatedly. Unacceptable behavior may be intended to cause physical, psychological, sexual, or economic effects, which may be direct or potential, offensive to a person's dignity, or create an intimidating, hostile, degrading, or offensive environment.
Psychological violence is considered to be hostile, unethical, degrading, aggressive, abusive, or insulting actions in the workplace, which infringe upon the employee's honor and dignity, physical or psychological inviolability, or are intended to intimidate, belittle, or put them in a helpless position. Most often, psychological violence manifests in various forms of inappropriate behavior, such as insults, humiliation, threats, unconstructive and degrading criticism.
It is important to emphasize that psychological violence can occur in any workplace and affect employees at any level, regardless of the size of the company, the field of activity, or the position held. However, research shows that in certain sectors-healthcare, education, public administration, trade, and transport-the risk of encountering psychological violence is significantly higher.
When asked whether subordinates are most often the victims of psychological violence and whether it is most often perpetrated by those in higher positions, the Head of the Prevention of Psychological Violence at Work Division, Chief Labour Inspector Liudmila Mironovienė, confirmed that this is usually the case-employees most often experience psychological violence from higher-ranking employees or managers. However, psychological violence can also be perpetrated by colleagues at the same level, and, more rarely, by subordinates against their managers.
What Proves Psychological Violence at Work?
One of the main reasons why complaints about psychological violence often remain unconfirmed is the lack or insufficiency of objective evidence to establish the fact of psychological violence.
“Often, employees' complaints are based only on their subjective opinions, beliefs, and statements, but without any real evidence. Therefore, a person who believes that they are being treated inappropriately must be proactive-it is necessary to collect all possible objective evidence that can substantiate the facts of inappropriate behavior to defend their rights,” notes Liudmila Mironovienė.
Such evidence may include various documents, SMS messages, emails, photos, video or audio recordings, as well as testimony from witnesses who can confirm inappropriate behavior. It is important to know that SLI inspectors also have the right to request certain documents from the employer that the employee indicates may confirm psychological violence and to question witnesses indicated by the employee.
Nevertheless, according to the interviewee, one of the most common problems SLI inspectors face when investigating employee complaints is that colleagues who could confirm the existence of psychological violence often refuse to testify.
How Long Does the Complaint Process Take and What Is the Procedure?
SLI usually examines a complaint about possible psychological violence within 20 working days. However, if this period is insufficient for objective reasons, the examination period may be extended by another 10 working days.
It is important to know that SLI does not examine all complaints received about psychological violence-it is assessed who is perpetrating the violence and whether the employer has been informed of the situation. If an employee experiences unacceptable behavior from a colleague or even a direct supervisor (but not the head of the legal entity), they should first contact the employer. This should be done according to the procedure established in the company, or if there is no such procedure or the employee has not been informed about it-in writing to the head of the company. The report should describe the situation as thoroughly as possible and provide all available evidence.
Only if the employer does not take any action to investigate the case of psychological violence, or if the head of the legal entity themselves is perpetrating inappropriate behavior, does the employee have the right to contact the SLI. If violations of the law are established, the inspection may apply administrative liability to the head of the legal entity. The actions or decisions of SLI inspectors may be appealed to the Chief State Labour Inspector of the Republic of Lithuania or to an administrative court.
“It is also worth mentioning that if the employer does not ensure a safe working environment and, as a result, the employee suffers material or non-material damage, they have the right to apply to the Labour Disputes Commission (LDC) for compensation. If the employee does not agree with the decision of the Labour Disputes Commission, they may appeal it to a court of general jurisdiction,” explains the Head of the Prevention of Psychological Violence at Work Division, Chief Labour Inspector.
What Actions Are Taken If SLI Establishes the Fact of Psychological Violence?
It is important to understand that SLI is a supervisory authority whose main function is to oversee how employers comply with the Labour Code, other labour law norms, and occupational safety and health requirements. However, SLI does not control how employees comply with internal company rules, including the prohibition of psychological violence-this is the responsibility of the employer.
If SLI determines that psychological violence was perpetrated by the head of the legal entity, administrative liability may be applied to them. However, if the violence was perpetrated not by the manager but by another company employee, further decisions on disciplinary measures (for example, a warning, dismissal) must be made by the employer.
In addition to legal consequences, the employer must also take care of the well-being of the employee who has experienced psychological violence. This may include the opportunity to use the services of a psychologist, psychiatrist, lawyer, or other specialists, which may be paid for by the company, following the principle of reasonableness. Depending on the situation, the employee may be granted additional leave, the opportunity to move to another workplace or department, or other forms of assistance may be provided, considering the emotional impact experienced.
What Is Important to Remember?
Psychological violence at work is a serious violation that must be promptly recorded and addressed. The employee should first contact the employer, and if no action is taken or the violence is perpetrated by the head of the legal entity, then contact the State Labour Inspectorate. If violations are established, administrative liability may be applied, but for compensation, the employee should apply to the Labour Disputes Commission (LDC). You can read how to apply to the LDC here.
The most important thing is not to remain indifferent and to defend your rights.
SLI consultation phone: +370 5 213 9772.
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