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

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.