Risk assessment for workplace bullying and compensation for pain and suffering

Abstract

In this paper we look at one of the manifestations of the social security liability imposed by article 14 of the Law on Labour Risk Prevention on the employer. In particular, we focus on the performance of the risk assessment with its consequent preventive planning as a specific way to avoid the risks caused by workplace bullying and its resulting relation with the compensation for pain and suffering that the harassed victim may demand from the employer for the breach of said preventive obligation. Thus, the case law and court judgement obtained to such effect as a result of the different conflict situations raised where they are due to the non-compliance of the risk assessment is analysed.