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Workplace Coexistence Among Colleagues: Who Is Responsible for Safeguarding Personal Dignity?

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In the workplace, mutual respect and appropriate conduct among colleagues are not merely desirable values they are legal obligations. Even a single instance of verbal harassment, particularly when directed at a colleague or another employee, may be sufficient grounds for the employer to impose serious disciplinary measures, including suspension from duty.

The protection of an employee’s personal dignity and psychological well-being is a fundamental principle of the Italian legal system. This principle is enshrined not only in constitutional provisions but also in the Italian Civil Code.

Article 2104 of the Civil Code states that employees are required to carry out their duties diligently and in compliance with company directives, while consistently behaving in a correct and loyal manner. Verbal harassment, therefore, constitutes a direct violation of these legal obligations.

For this reason, the employer not only has the right to take action but is also duty-bound to do so, adopting the necessary disciplinary measures to ensure a healthy, respectful, and safe work environment for all.

Naturally, any disciplinary measure must comply with the guarantees provided by law. Article 7 of the Workers’ Statute (Law No. 300/1970) establishes that, prior to imposing any sanction, the alleged misconduct must be formally communicated to the employee, who has the right to respond within five days.

The principle of adversarial proceedings is essential in this context, as it serves to balance the employer’s disciplinary power with the employee’s right to defense. Furthermore, any sanction must be proportionate and applied in accordance with the relevant collective bargaining agreements.

In cases of verbal harassment, even a single incident may warrant precautionary suspension if the employee’s presence in the workplace poses a threat to the working environment or the peace of mind of colleagues. In more serious cases, such conduct may even justify dismissal for just cause.

Thus, the legal requirement for appropriate coexistence among colleagues is not merely a matter of morality it is, first and foremost, a legal obligation incumbent on every employee and, secondly, on every employer.

The Law Firm, through a department specifically dedicated to Workers’ Statute legislation, remains at your full disposal for any further clarification.

 

 

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