I feel my employer is trying to get rid of me by belittling me in public

I feel my employer is trying to get rid of me by belittling me in front of the work community and by giving me only menial tasks. My colleagues make snide remarks about my expertise and nobody greets me. I feel my resources are depleting day by day. Does this count as bullying at work, where can I turn to for help?

 

First, determine whether the case constitutes harassment and other inappropriate treatment referred to in Finnish law. Such inappropriate treatment which causes hazards or risks to safety or health is considered unacceptable harassment. Forms of harassment include, for example, inappropriate comments on the age, sex, skin colour, opinion or conviction of another person. Verbal, physical or attitudinal insults are also examples of harassment. Harassment can be sexual harassment. Examples of inappropriate treatment include constant, unfounded criticism on the performance of others, the discrediting of others, inappropriate name-calling, exclusion from the work community and the unfounded removal or ignoring of tasks or fringe benefits. Inappropriate treatment is detrimental to the health of the employee concerned. It is the employer’s obligation to intervene.

 

However, not all unpleasant treatment can be treated as bullying or harassment referred to in the Act. For example, conflicts arising from work-related decisions or their interpretation, or work issues discussed within the work community are not forms of inappropriate treatment. The employer may and sometimes must take disciplinary measures, if such measures are well justified. Similarly, the employer must refer the employee to an examination of his/her ability to work after discussing their problems at work with the employee first.

 

The decisions made and measures taken by the employer by virtue of his/her authority do not constitute inappropriate treatment, even if they might feel like it. The employer’s authority at the workplace is governed by acts, norms and rules on good conduct. The employer has the right to make plans, allocate resources and manage and supervise work. The employer may impose regulations on the quality and extent of duties, and the procedures used at the workplace.

 

If an employee feels that a supervisor or a colleague treats them inappropriately, they should speak directly to the harassing party, telling them that their behaviour feels inappropriate and cannot be tolerated. If speaking to the person has no effect, or if the employee does not want to confront them alone, the employee can ask someone at the workplace to support and accompany them in the discussion, such as a colleague, the occupational safety and health officer or the employees’ representative. If the employee does not confront the concerned party directly, the situation might, at the worst, be interpreted as voluntary victimisation. In each case, the inappropriate treatment is likely to continue and get worse.

 

If the employee has clearly expressed his/her disapproval of the harasser’s conduct, the harasser can be considered aware of the negative effects of the harassment and to continue the inappropriate treatment on purpose. In order to allow the matter to be processed further, it is important to document the forms and frequency of inappropriate treatment, and the reactions of the harassed party. If the harasser continues the inappropriate treatment despite being told not to, they should be notified of escalating the matter to the employer.

 

It is the employer’s obligation to monitor and intervene with harassment and other inappropriate treatment. The employer’s obligation to take measures starts when the employer becomes aware of harassment or other inappropriate treatment of an employee.

 

The employee or his/her representative must ask the employer to handle the matter. The primary parties to contact in cases of inappropriate treatment at work are the occupational safety and health officer, employees’ representative, occupational safety and health manager and occupational health care.

 

In general, unions have a minor role in solving cases of harassment or inappropriate treatment. The unions have no authority to act at the workplace, or to intervene with inappropriate treatment or harassment. Thus, it is best to resolve the situation at the workplace, resorting to the help of employees’ representatives and, if necessary, occupational safety and health authorities.

 

Occupational health care is usually only consulted when the employee is about to lose or has lost their health due to the inappropriate treatment. In such a case, occupational health care measures focus on restoring the employee’s health. When the case is handled at the workplace, occupational health care can be consulted as an independent expert.

 

The occupational safety and health inspectorates monitor the healthiness and safety of working conditions. If the employer fails to take the necessary measures to eliminate harassment or inappropriate treatment, a notification can be made to the occupational safety and health inspectorate. In such a case, the occupational safety and health inspectorate provides instructions and guidance for solving the problems identified at the workplace. If there are matters at the workplace which put the employee’s safety at immediate risk, or if the employer fails to take the necessary measures as instructed, the occupational safety and health authority can order the employer to comply with the decision of the occupational safety and health inspectorate under penalty of a fine. If the violation continues, the violation can be reported to the prosecuting authority for measures of prosecution, upon the discretion of the occupational safety and health authority.