Damages derived from mobbing and professional contingencies - state of the art on the Portuguese legal framework and case law

Ana Cristina Ribeiro Costa*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingConference contributionpeer-review

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Abstract

As happens with other jurisdictions, the Portuguese law sanctions moral harassment in the context of the labour law and provides the worker a right to be compensated in the civil terms, for the pecuniary and moral damages suffered. However, the injuries that generate a disability for work due to a phenomenon of mobbing in the workplace are not yet considered as pathologies compensated in the same terms as occupational contingencies (workplace accidents or occupational diseases). In fact, although the Portuguese doctrine has been studying the phenomenon of mobbing for the past years, the case law is still unwilling to accept the compensation and sanction of these conducts in the same terms as the other EU jurisdictions have been allowing.
Original languageEnglish
Title of host publicationOccupational safety and hygiene II
EditorsPedro Arezes, João Santos Baptista, Monica P. Barroso, Paula Carneiro, Patrício Cordeiro, Nelson Costa, Rui B. Melo, Sergio A. Miguel, Gonçalo Perestrelo
PublisherTaylor and Francis - Balkema
Pages181-186
Number of pages6
Edition1
ISBN (Electronic)9780429227349
ISBN (Print)9781138001442
DOIs
Publication statusPublished - 2014
Event10th International Symposium on Occupational Safety and Hygiene, SHO 2014 - Guimaraes, Portugal
Duration: 13 Feb 201414 Feb 2014

Conference

Conference10th International Symposium on Occupational Safety and Hygiene, SHO 2014
Country/TerritoryPortugal
CityGuimaraes
Period13/02/1414/02/14

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