Citizens frequently contact us with complaints related to labour rights, including those concerning unlawful or unjustified dismissal or so-called workplace bullying, regardless of whether the inappropriate behaviour comes from supervisors or colleagues. Although we are not authorised to conduct investigative proceedings in such cases, these complaints are extremely valuable for developing recommendations aimed at systemic improvements in the field of labour and civil service relations. We also provide general legal information to complainants on how to protect their rights and dignity, as outlined below.

HOW TO RECOGNISE WORKPLACE BULLYING?
Although workplace bullying is not legally defined, it is generally understood as any form of workplace violence over a prolonged period, characterised by psychological or moral harassment. This may include various forms of exclusion, isolation, and prevention of social contact at work, attacks on reputation, or negative comments about the victim’s personal characteristics.

Examples include constant criticism and complaints about work performance, insults or ignoring the person, excessive supervision, shifting of responsibility, punishment, poor performance evaluations, lack of advancement opportunities, denial or assignment of inappropriate and/or unlawful tasks, unjustified transfers, and even attacks on a person’s health.

Bullying is not limited to unwanted behaviour by a superior—it may also involve individuals in the same or similar position within the employer’s organisational structure.

The employer is obligated to take potential bullying seriously. Workers who are victims of such behaviour often experience decreased motivation, reduced productivity, loss of self-confidence, and possible health issues.

HOW TO PROTECT YOURSELF?
The first step in protection from bullying is to contact the employer, specifically the authorised person responsible for receiving and addressing requests for protection of dignity at work, or the trade union representative. Depending on whether the employer operates in the public, private, or state sector, procedures and measures may also be detailed in a collective agreement, an agreement between the works council and the employer, or the company’s internal work regulations. If the employer fails to provide adequate protection or  fails to implement preventative measures or implements them inappropriately, further protection of dignity can only be pursued through court proceedings.

Additionally, regardless of whether the employment relationship is ongoing or has ended, it is possible to file a criminal complaint against the person responsible, since behaviour involving insult, humiliation, and harassment that impacts health or infringes on rights related to work may constitute a criminal offence.

Moreover, the competent court can be approached to seek compensation for non-material damages due to violations of personality rights resulting from workplace bullying. In cases involving potential sexual harassment, the victim may also contact the Ombudsperson for Gender Equality.

In court proceedings related to bullying, common types of evidence include witness and party testimony, review of relevant documentation (records, employee files), examination of emails or other message exchanges. Therefore, it is useful to document unwanted behaviour and retain, for example, inappropriate email correspondence. If bullying has affected the worker’s health, the court may also examine medical records and, if necessary, order a medical expert opinion.

WHAT TO DO IN CASE OF UNLAWFUL OR UNJUSTIFIED DISMISSAL?
In their complaints, citizens often report that they have been unlawfully or unjustifiably dismissed. Like all other employer decisions that violate workers’ rights, this can only be challenged through court proceedings. It is crucial to follow the proper steps and observe very short deadlines, as failing to meet them results in the loss of the right to legal protection. A person who believes that the dismissal decision is unlawful must:

  • Within 15 days of receiving the dismissal notice, submit a written request to the employer for protection of rights, to which the employer may or may not respond within the same time frame;
  • If the request is dismissed or ignored, the worker may file a lawsuit before the competent court within another 15-day period.

CAN I BE DISMISSED DUE TO ILLNESS OR INJURY?
Temporary incapacity for work due to illness or injury is not a valid reason for terminating an employment contract. However, if dismissal is regular and regardless of whether it is conditioned by the worker’s conduct, the notice period does not run during sick leave that began before the dismissal decision. If the sick leave begins after the dismissal, the notice period is also suspended, but the employment relationship will end no later than six months from the day the dismissal notice was delivered.

WHO CAN I CONTACT?
The Ombudswoman does not have the authority to represent citizens or provide legal assistance. Citizens who find themselves in any of the described situations can seek concrete help from a lawyer or, if they meet the criteria, apply for free secondary legal aid from the administrative body of the county where they have registered residence or stay. Besides legal advice, this aid includes preparation of submissions in procedures for the protection of workers’ rights before employers or in court proceedings, representation in such proceedings, legal assistance in alternative dispute resolution, and exemption from court costs and fees. Additionally, in cases of bullying, victims can seek specialised counselling, support, and education from the Association “Mobbing”, more information on which is available at: https://mobbing.hr/.

More information on the state of human rights in the area of labour and civil service relations can be found in the Ombudswoman’s reports to the Croatian Parliament (analysis of the human rights situation in Croatia). Complaints can be submitted using any of the listed contact options.