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Mobbing in the Workplace Germany: Your Rights and Exactly What to Do

2025-02-08

Find out what counts as mobbing under German law, how to document it, and the exact steps to take — from talking to your boss to calling a labor lawyer.

Being targeted at work is one of the most draining experiences a person can go through — and when you're new to Germany, it can feel even more isolating. Mobbing in the German workplace is not just unpleasant; it is legally recognised, and you have concrete rights and a clear path for fighting back. This guide walks you through exactly what counts as mobbing under German law, how to collect evidence that actually holds up, and the full escalation chain from your first conversation with a manager all the way to a labour court.

What Counts as Mobbing Under German Law

In Germany, "Mobbing" is a specific legal concept, not just a general word for rudeness. German courts — particularly the Federal Labour Court (Bundesarbeitsgericht) — define mobbing as a systematic, repeated pattern of hostile behaviour directed at one person over an extended period, with the effect of harming their dignity, health, or ability to work.

The key word is systematic. A single bad day, one rude comment, or an unfair performance review on its own does not legally qualify. Courts typically look for behaviour that:

• Happens repeatedly (at least several times) over weeks or months
• Is directed at one specific person
• Is intended or clearly likely to humiliate, isolate, or psychologically harm

Behaviours That Qualify as Mobbing

German courts have ruled the following as mobbing in real cases:

• Deliberately excluding you from team meetings or group chats
• Spreading false rumours about your competence or private life
• Constantly criticising your work in front of colleagues with no constructive purpose
• Giving you meaningless, below-level tasks to humiliate you (called Schikane)
• Shouting, insults, or threats made repeatedly
• Blocking your career progression deliberately (e.g. refusing to pass on your promotion application)
• Ignoring you completely — the "silent treatment" — for weeks on end

What Does NOT Qualify

It is equally important to know the limits:

• A genuinely harsh performance review that is factually correct
• A colleague who is simply unfriendly or difficult
• One heated argument
• Being asked to do tasks you dislike, as long as they fall within your job description

German law gives employers the right to direct and manage staff (Direktionsrecht). Not every conflict or uncomfortable situation crosses the legal threshold.

Your Legal Protections as an Employee in Germany

Even without a dedicated "anti-mobbing law," you are protected by several overlapping legal frameworks.

§ 75 BetrVG (Works Constitution Act): Employers and works councils (Betriebsrat) are jointly obliged to protect the dignity of every employee.

§ 241 BGB (German Civil Code): Your employment contract carries an implied duty of care. Your employer must protect you from harm — including mobbing by colleagues or managers.

AGG (General Equal Treatment Act): If the mobbing is linked to your nationality, religion, ethnicity, or gender, the AGG provides additional protections and gives you a 2-month window to make a formal complaint after each incident.

Occupational Health and Safety Act (ArbSchG): Employers have a legal duty to assess and eliminate psychosocial risks, which includes workplace mobbing.

As a Moroccan employee in Germany, the AGG is particularly relevant if any of the hostile behaviour targets your background, language, or religion.

How to Collect Evidence That Holds Up

Before you escalate anything, you need a paper trail. German labour courts place a heavy burden of proof on the person making the claim — which means your documentation is everything.

Keep a Mobbing Diary (Mobbingtagebuch)

Start a detailed written log immediately. For every incident, record:

• Date and time
• Exact location (meeting room, open office, canteen, chat platform)
• Exactly what was said or done — use direct quotes where possible
• Who was present as a witness
• Your reaction and how it made you feel
• Any physical symptoms (sleep problems, headaches, anxiety)

Keep this diary somewhere private — not on your work laptop. A handwritten notebook or a personal cloud document works well.

Save Written Evidence

• Screenshots of hostile emails, Slack/Teams messages, or WhatsApp messages
• Any written instructions that show deliberately humiliating tasks
• Emails where you were cc'd out after previously being included, showing a pattern of exclusion

Get Medical Documentation

If you have seen a doctor or therapist for stress, anxiety, or burnout related to the situation, ask them to document that the symptoms are work-related. This is powerful evidence in court and also relevant for sick pay (Krankengeld) if you need to take leave.

Find Witnesses

Think about colleagues who have seen incidents. You cannot force anyone to testify, but knowing who was present is valuable when you escalate formally.

The Escalation Chain: Step by Step

Follow this order. Skipping steps can weaken your legal position later.

Step 1: Talk to Your Direct Manager

If your manager is not the person mobbing you, start there. Keep the conversation factual — refer to your diary, not your emotions. Ask specifically: "What steps will you take to address this behaviour?" Follow up the conversation with an email summarising what was said. This creates a written record.

Step 2: Go to HR (Personalabteilung)

If the manager does nothing, or if the manager is the person doing the mobbing, go directly to HR. Submit a formal written complaint — not a verbal one. Specify the incidents, dates, and witnesses. Ask HR to confirm receipt in writing.

Step 3: Contact the Works Council (Betriebsrat)

If your company has a Betriebsrat (required in companies with 5+ permanent employees), this is one of your strongest allies. Under § 84 BetrVG, every employee has the right to file a formal complaint with the Betriebsrat. The council is legally obliged to investigate and report back. They can also call for mediation and, in serious cases, pressure the employer to act. This step is free and confidential.

Step 4: Call the DGB Hotline or Seek Union Support

The Deutscher Gewerkschaftsbund (DGB) — Germany's main trade union federation — runs a free advice hotline: 0800 4 DGB DGB (0800 4 342 342), available Monday to Friday. If you are already a union member, contact your union directly (IG Metall, ver.di, and others all provide legal support). Even if you are not a member yet, joining now means you can access legal help after a waiting period (usually 3 months).

Step 5: Consult a Labour Lawyer (Fachanwalt für Arbeitsrecht)

If internal routes have failed, it is time for a specialist. A Fachanwalt für Arbeitsrecht can:

• Assess whether your case meets the legal standard
• Send a formal cease-and-desist letter (Abmahnung) to your employer
• File a claim for damages or compensation
• Represent you in the labour court (Arbeitsgericht)

An initial consultation typically costs €90–€190. If you have legal expenses insurance (Rechtsschutzversicherung), it will usually cover this. Labour court fees in Germany are relatively low — and in the first instance there are no court fees for the claimant. Find a qualified lawyer via the German Bar Association's portal: anwaltauskunft.de.

What People Get Wrong About Mobbing Claims in Germany

"I'll just wait and see if it gets better." Every week you delay is a week without documentation. Courts look at the full timeline, and gaps make your case weaker.

"I complained verbally, so they know." Verbal complaints are almost impossible to prove. Everything must be in writing — email is fine, but written is essential.

"I signed a settlement and that ends it." Not necessarily. Depending on what you signed, you may still be able to claim for health damage or psychological harm. A lawyer can advise.

"Because I'm on a work visa, I can't make trouble." This is a myth. Your employment rights in Germany apply regardless of your residency or visa status. Making a legal complaint about mobbing does not threaten your right to stay in Germany.

"I need to prove intent." You do not always need to prove the person intended to harm you — courts can find mobbing based on the objective effect of the behaviour, especially where a pattern is clear.

"The company is too small to have rules." Even without a Betriebsrat, your employer still has legal duties under BGB and ArbSchG. Small companies are not exempt.

Conclusion

Mobbing in the German workplace is serious, but German law gives you a clear set of tools to fight it. The formula is simple: document everything, escalate step by step, and do not wait too long. Start your diary today, put your complaint in writing, use the Betriebsrat, call the DGB hotline, and get a labour lawyer if you need one. You have more protection than you think — and you deserve to use it.

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