Studies show that bullying in care is still unfortunately often the order of the day. The reasons for bullying are manifold. Researching the medical and psychological reasons is not necessarily our task, even if we are interested in it. We did not study psychology, but law and can offer legal help that is nevertheless also solution-oriented. What has happened, has happened and that cannot usually be changed, but we lawyers can help you to seek your rights and at least help you legally to get out of the vicious circle.
It is no secret that caregivers do strenuous and hard work. They often face great challenges in their daily lives. Yet time and again they are not given the respect and recognition they deserve - be it through poor pay or bullying in the workplace. But what can be done about this injustice? We present the answer: protection against dismissal for care workers!
1. introduction: general facts and figures on the subject of bullying in care
From a legal perspective, workplace bullying can be described as the following: The affected person experiences hostility, harassment and discrimination from colleagues and/or superiors, being in the inferior role. These aggressive acts are carried out systematically over a period of time and can include bullying of employees by superiors ("bossing") or bullying from employees to managers ("staffing").
Bullying in care is a serious problem. Every year, many care workers come forward with allegations of workplace bullying. Some are so severely affected by their work that they have to decide to resign. The following facts and figures show how widespread bullying in care is and what the impact can be for the staff affected. According to a Study by the German Professional Association for Nursing Professions (DBfK) 45% of the surveyed nurses have stated that they have been victims of bullying or discrimination in the course of their professional work. In addition, over 75% of respondents have indicated that they have experienced this type of harassment at least once a week in their current work environment. This data shows that bullying in care is widespread and there is a need to take action to address it. As a consequence of workplace bullying, there are often psychological problems for those affected. Many experience stress and anxiety and have difficulty doing their tasks properly. In the worst case, they may even have to quit their jobs in order to continue working healthily and productively. Therefore, it is important that the affected persons are informed about their right to quit and receive support in implementing it. This can help to solve the problem of bullying in care and thus improve the health and productivity of all involved. In order to make an appropriate response to bullying in care, it is necessary to understand how this type of behaviour affects those involved. In addition, one needs to know what measures are available to avert or at least contain the damage. It is also necessary that all employees are informed about their right to resign and receive support in implementing it - this is the only way to find an appropriate response to the issue of bullying in care.
2. causes of bullying in care
Bullying situations regularly take place in care, which have an impact on the mental and physical health of those affected. The consequences can be severe and range from depression to post-traumatic stress disorder. One way to prevent this is to strengthen protection against dismissal for care workers. By relaxing the protection against dismissal, care workers will be able to make their jobs more secure. This means that they will no longer have to constantly worry about the threat of dismissal if they do not follow the supervisor's instructions or report discrimination and bullying. This gives them more freedom and autonomy in their jobs. Employers also benefit from strong protection against dismissal for care workers. First, it can help reduce the risk of sexual harassment in the workplace. Secondly, it can help curb bullying among colleagues and thus ensure respectful interaction. Thirdly, it can have positive effects on motivation and thus also increase productivity. However, it is important to note that dismissal protection should not be seen as a panacea. It is equally important that managers in caring professions learn how to prevent bullying and deal with conflicts. Furthermore, it is necessary that whistleblower mechanisms are introduced and specific policies against discrimination or bullying in the workplace are enacted. So there is still a lot to be done to prevent or curb bullying in care. However, strong dismissal rights for care workers are a crucial step towards improved workplace safety in hospitals and other facilities for older people, as well as for people with disabilities or chronic illnesses.
3. the impact of bullying on carers' health
Bullying in nursing is a serious problem that can affect the health of nurses in two ways. Firstly, through direct and immediate effects of bullying, such as trauma and stress, and secondly, by affecting the person's ability to do their job efficiently and effectively. Direct effects of bullying can have serious health consequences. Affected individuals often suffer from mental health problems such as depression, anxiety, fatigue and sleep disorders. These symptoms can affect the person's ability to care for patients and perform their duties accordingly. Another problem is that many nurses fear bullying and therefore no longer want to do their job. They have to worry about being punished or even dismissed. Therefore, protective mechanisms under labour law must be developed to give care workers the right to terminate their employment. This way, they can leave or take other measures in case of emergency without financial loss. The development and implementation of protective mechanisms against bullying in care is crucial to protect the health of care workers. On the one hand, adequate physical protection against bullying must be in place - for example, through grievance support - but also protection against dismissal must exist so that care workers do not have to fear it in the future. There are now initiatives that provide this kind of protection - but it is not yet enough to protect all care workers. We must therefore continue to work for the protection of our caring community - so that they can do their work without fear!
4. protection against dismissal for care workers - what is it?
Bullying in care is a serious problem that many care workers experience on a daily basis. It can lead to intimidation, psychological distress and even violence. In some cases, it can even lead to dismissal. For this reason, legislators have created protection against dismissal for care workers. The protection against dismissal for care workers is that an employer must give justified reasons before dismissing them. This means that the employer must prove that the termination of the employment relationship is justified. Protection against dismissal thus protects the rights of care workers and prevents arbitrary dismissals. To prevent bullying in care from leading to dismissal, it is important that all parties involved do their part. The employer has the responsibility to create a good working environment and to ensure that bullying is not tolerated. Employees have a duty to report workplace bullying and to abide by company rules. There are also legal provisions to strengthen the protection of care workers from unfair dismissal. These include: - the establishment of grievance procedures; - the requirement of proper justification and evidence for any dismissal; - reasonable notice prior to the commencement of the dismissal process; - written notification of any termination of employment; - counselling on disputes over the conduct of the dismissal process; - assistance in establishing a new job following dismissal; - financial assistance in cases of unfair or discriminatory dismissal; and - legal protection in cases of claims of unfair or discriminatory dismissal. Protection against unfair dismissal is elementary for every employee in the health and social professions - especially for carers. After all, as a carer, you often have to learn to deal with difficult situations as well as stress and to act in a self-determined manner. This is the only way to do your job adequately while respecting your personal limits. With the right protection against dismissal, all those affected can be assured that they will not suffer any inappropriate consequences from bullying at work - so they can work with peace of mind!
5 Why is protection against dismissal so important for care workers?
Protection against dismissal is crucial for care workers. A carer can risk not only money but also reputation and career by unfairly terminating their job. Especially in nursing, bullying and discrimination by superiors unfortunately occurs frequently. This problem has worsened in recent years as work has become more hectic and stressful. In such cases, care workers can apply for protection against dismissal to protect against unjustified dismissal. Protection against dismissal allows nurses to keep their job while filing a complaint against bullying or discrimination by supervisors. This prevents them from being dismissed before their case can be taken to court. In this way, they can ensure that their claim can be made and that they do not have to suffer financial losses. In addition, protection against dismissal is also important for those who have worked in the system for a long time and now want or need to be dismissed after more than 15 years in the industry. In this case, too, care workers can apply for protection against dismissal to prevent them from being dismissed without pay at the end of the month. In short, protection against dismissal is indispensable for care workers! It protects them from losing their job in the event of unfair dismissal or mobbing, as well as from financial losses when they end their many years of work in the professional field of care.
6 How can I defend myself against bullying in care?
in care As a care worker, it is important to know your right to protection against dismissal. In Germany, there is basically a right to dismissal for care workers that helps them to defend themselves against bullying. This right protects you from being arbitrarily dismissed. If you believe that your dismissal was unjustified or due to bullying, you can contact a lawyer and file a complaint. Another way to fight back against bullying in care is to complain to your employer. You can put your complaint in writing and ask the employer to discuss the situation with you and take appropriate action. If no agreement is reached, you can lodge a complaint with the relevant supervisory authority. If you are a victim of bullying in care, you should also think about seeking professional support. There are many specialised counselling centres and organisations that can help you deal with the conflict. Similarly, there are specialised counselling programmes that can help you regain your self-esteem and help you recover after the trauma. It is important to remember that bullying in the care
Care is not alone
The fact is that care is not alone; more and more people in working life are suffering from persistent, predominantly mental health problems.
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Make use of our Severance calculatorDismissal protection suits and let us advise you legally on your claims in the event of termination.