Are you facing a situation of workplace harassment in Germany, or do you know someone who is a victim?

This article aims to clearly explain the different types of harassment recognized by German law, the employer’s obligations to protect employees, and the available remedies to stop such behavior.

Definition and forms of harassment

Harassment does not have a legal definition in Germany: in case of legal action, the judge’s approach will not be to determine whether harassment has occurred, but rather to examine whether obligations under labor law have been violated (such as the employer’s duty to protect and assist employees) or whether legally protected interests have been unlawfully affected (for example, discrimination based on age, gender, sexual identity, disability, ethnic origin, etc.).

Workplace harassment can, however, be defined as a process characterized by frequent and persistent negative or harmful behaviors directed at a person, which that person perceives as unwanted and which trigger feelings of powerlessness or inability to defend themselves. Its consequences can be serious, affecting employment, work quality, physical and mental health, as well as private life.

The types of harassment are very varied and include:

Social harassment

This type is manifested by the exclusion or rejection of the victim within their team or professional environment. It aims to isolate the person and reduce their social integration.

Verbal and non-verbal harassment

This involves intimidation or mocking that does not use physical violence but harms the dignity of the victim. These behaviors can be related to origin, age, gender, or other personal characteristics.

Physical harassment

It includes any act of bodily violence, such as hitting, punching, or other aggressive gestures, as well as the destruction or damage of the victim’s personal belongings.

Sexual harassment

Sexual harassment can occur verbally (suggestive comments, inappropriate remarks) or physically (unwanted touching, inappropriate gestures). It aims to humiliate, intimidate, or exert control over the victim.

Note: As a reminder, these types of harassment are not formally recognized by legislation.

Prevention of workplace harassment

It should also be noted that the absence of a specific legal definition of harassment in certain German laws does not mean that such behaviors are tolerated or go unpunished. Under German labor law, the employer has the obligation to ensure the health, safety, and dignity of their employees, as well as to take the necessary measures regarding occupational health and safety.

Thus, even without an automatic legal classification as “harassment,” any behavior that undermines an employee’s dignity, creates a hostile environment, or harms their health can be sanctioned based on the employer’s duty of protection.

I am a victim of harassment – what should I do?

Preserving evidence

It is recommended to create a file by keeping all elements that could serve as evidence (emails, messages, testimonies, internal notes, etc.) and to contact the relevant organizations (listed below) that can provide legal, psychological, or administrative support.

Who to contact?

  • Works Council (Betriebsrat): Internal body responsible for defending employees’ interests and intervening in case of workplace conflicts.
  • Franco-German Justice Contact Point (Kehl): Offers free legal consultations for cross-border situations — contact: justice@cec-zev.eu.
  • Konflikthotline Baden-Württemberg e.V.: Neutral service providing listening and support for workplace conflicts and harassment – contact: https://konflikthotline-bw.de/startseite.
  • DGB Karlsruhe (Deutscher Gewerkschaftsbund): Union offering confidential advice to employees who are victims of harassment — tel.: 0721 931210.
  • Ver.di Mittelbaden-Nordschwarzwald: Union providing assistance via the Mobbing-Hotline Baden-Württemberg — tel.: 0711 / 892 44 300.
  • ArbeitnehmerHilfe e.V.: Free legal assistance with lawyers specialized in labor law – https://www.arbeitnehmerhilfe.de/arbeitnehmerhilfe.html.
  • Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes): Support and guidance for reporting any case of discrimination – https://www.antidiskriminierungsstelle.de.