ABSTRACT

Mobbing is a topic that has gained an increasing importance, due to escalating numbers of cases that are reported and go back to courts. This phenomenon may be characterised as a set of intimidating, humiliating or embarrassing, harmful or unwanted conducts of various kinds, occurring in the context of an employment relationship, that objectively violate the fundamental rights of the worker, namely, his dignity and physical and moral integrity (Pereira, 2009, p. 72). Moreover, a systematization of these behaviours is demanded: the repetition of the offensive conduct, which should be extended in time, but also the combination of several acts that complement each other in achieving the purpose it was intended1. Therefore, mobbing may cause damage to the physical and psychological health of workers2. Indeed, it is responsible for cognitive, psychological, psychosomatic and hormonal changes, as regards the nervous system, muscle tension and sleep, and may ultimately lead to suicide. In September 2012, the Portuguese Health authorities changed

on the article (art.) 28 of the Portuguese Labour Code (Law nr. 7/2009, 12-02-hereinafter only CT) not adequate and sufficient? The convenience of this research lies not only with the advantages that the institutes of professional contingencies3 may adduce for the analysis of this matter, but also with the need to give adequate treatment to the figure of mobbing, which has worryingly gained an increasing dimension.