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Protection of Persons Reporting Corruption and Other Whistleblowers…
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The ZJU also defines a principle of prohibition of harassment in Art.15.a, which prohibits any physical, verbal or non-verbal action or conduct by a civil servant that is based on any personal circumstance and results in intimidating, hateful, degrading, shaming or insulting environment for a person and offends their dignity. By classifying the prohibition of harassment amongst common principles of the civil servants system,35 the ZJU emphasizes importance of this prohibition, but does not regulate it specifically for civil servants. Stipulations in the ZDR-1 therefore apply to both employees and civil servants.36 The employer has a duty to provide work environment where no employee is subjected to harassment or mobbing by the employer, a superior or by other employees. To this end, the employer must take appropriate steps to protect employees from harassment or mobbing in the workplace. The employer must inform the employees about adopted measures in writing, in a manner customary for the employer (Art. 47 of the ZDR-1). Protection of employees against harassment, mobbing and similar conduct is also an aspect of the employer’s obligation to provide employees with safe and healthy conditions (Art. 45 of the ZDR-1). Art. 24 of the main legal act in this field, the Occupational Health and Safety Act (Zakon o varnosti in zdravju pri delu, hereinafter referred to as ZVZD-1)37 imposes a duty on the employer (in private and public sector) to adopt measures to prevent, eliminate and manage cases of violence, mobbing, harassment and other forms of psychosocial risks at the workplace which can pose a threat to employees’ health. The importance of this duty of the employer in the public sector is also specifically emphasized in the ZJU, which amongst the common principles of the civil servants system explicitly regulates principle of protection of professional interests. The provision of the first paragraph of Art. 15 thus imposes a duty on the employer to protect a civil servant against mobbing, threats and similar conduct, which can pose a threat to his work performance. Art. 8 of the ZDR-1 determines that in the event of violation of the prohibition of harassment or workplace mobbing, the employer is liable to provide compensation to the employee under general rules of civil law. Non-pecuniary damage sustained by an employee also includes mental distress suffered due to failure to provide protection against harassment or workplace mobbing. When determining the amount of compensation for non-pecuniary damage, it must be taken into account that the compensation has to be effective and proportional to damage suffered by the employee, and that it also needs to discourage the employer from repeating the violation. The function of monetary compensation is therefore mainly deterrent and punitive.38 35
These principles apply to all civil servants, both those who are employed in state bodies and local communities, and those who are employed in public institutions, public agencies, public funds, and other entities of public law that indirectly use state or local budgetary funds. 36 Everything stated below with regard to the protection of employees against these conducts applies to both employees and civil servants. 37 Official Gazette of RS, No. 43/2011. 38 This is a new regulation of compensation in case of harassment and mobbing, by which provisions from the EU directives that refer to the prohibition of discrimination were implemented in
