Bullying
"Don't be so sensitive!"
You are being bullied, insulted or systematically excluded at the workplace.
ArbSchG / § 241 BGB
The boss may NOT do that
No! Bullying is never okay!
The employer has a duty of care and must protect you from bullying (§ 241 BGB). Bullying can have consequences under employment, civil and even criminal law. It is not your fault and you do not have to endure it. Systematic insults, exclusion and harassment are not a "normal tone".
What the law says
§ 241 (2) BGB – Duty of care
The obligation (employment relationship) may require each party to have regard for the rights and interests of the other. The employer is obliged to protect the personality rights of the employee.
§ 3 ArbSchG – Basic duties of the employer
The employer is obliged to take the necessary occupational-safety measures, taking into account circumstances that affect the safety and health of employees.
§ 12 AGG – Measures against harassment
The employer is obliged to take the necessary measures to protect against discrimination. In the event of violations, they must take suitable measures (warning, transfer, dismissal of the perpetrator).
What you can do
- Keep a bullying diary: date, time, what happened, who was present.
- Find allies: a person of trust, the works council, the youth and trainee representation (JAV).
- Contact the IHK/HWK — they have training advisors for exactly such cases.
- You can also turn directly to a bullying advice centre.
- Your health comes first — in an emergency: see a doctor and describe the situation.
Email template for your trainer
Subject: Report of incidents at the workplace
Dear [person of trust / HR department / works council],
I am contacting you because situations that weigh heavily on me keep arising at my workplace.
Specifically, these are the following incidents:
- [date]: [description]
- [date]: [description]
- [date]: [description]
These incidents significantly impair my training and my well-being. Under § 241 BGB, the employer has a duty of care to protect employees' personality rights.
I kindly ask for a confidential conversation and that suitable measures be taken.
Kind regards
[Your name]