Systematic harassment, exclusion or targeted humiliation by colleagues or superiors: bullying at work is a serious burden for those affected. You do not have to accept it. This guide explains what counts as bullying in law, how to secure evidence and which steps are open to you.
What legally counts as bullying at work?
There is no dedicated bullying law in Germany. Case law defines bullying as the systematic hostility, harassment and discrimination of employees among themselves or by superiors. The decisive word is systematic: individual conflicts or occasional disagreements do not yet amount to bullying.
The Federal Labour Court treats bullying as an overall pattern of conduct in which the individual acts build on one another or overlap. Only the overall picture of all the incidents produces the image of a violation of personality rights.
| Feature | Bullying | Ordinary workplace conflict |
|---|---|---|
| Duration | Over weeks or months | Single incident |
| System | Recurring, targeted | Situational |
| Aim | Exclusion, intimidation | Factual disagreement |
| Effect | Violation of dignity, damage to health | Temporary annoyance |
Typical forms of bullying at work
Social isolation is among the most common forms. Those affected are deliberately excluded from meetings, information or joint activities.
Attacks on work performance look different: the work is systematically devalued, pointless tasks are assigned, or important information is withheld.
Verbal attacks include insults, rumours, public humiliation or constant unwarranted criticism. These too count as bullying when they occur systematically.
Bullying by a superior: bossing
Where the bullying comes from a superior, it is called bossing. Typical examples are unjustified warnings, arbitrary transfers or systematically overloading or under-challenging the employee.
The employer’s duty of care under § 241 (2) BGB
Employers are legally obliged to protect the personality rights and health of their employees. This duty of care follows from § 241 (2) BGB and has been consolidated by the case law of the Federal Labour Court.
In concrete terms this means: if an employer learns of bullying and does not intervene, it can become liable itself, even where it is not personally involved in the bullying. It must take appropriate measures to stop the bullying.
Keeping a bullying diary: how to document incidents
Proving the case is often the biggest challenge in bullying disputes. A carefully kept bullying diary can be decisive. In court it serves as a document that supports your testimony and strengthens the credibility of your account.
Every entry should include:
| Element | Example |
|---|---|
| Date and time | 15 January 2026, 10:30 |
| Place | Meeting room 2, office of department X |
| Exactly what happened | A concrete description of the act or statement |
| Who was involved | Names of those acting and those present |
| Witnesses | Colleagues present who noticed the incident |
| Background | What preceded the act |
| Your own reaction | How you responded |
| Effects | Emotional or health consequences |
Keep the diary promptly, ideally on the same day. The more detailed and contemporaneous your notes, the more convincing they will be.
What to do about bullying at work? Six steps
- Start documenting: begin the bullying diary immediately. Secure e-mails, messages and other evidence.
- Seek a conversation (optional): in some cases a clarifying conversation, ideally with a trusted person present, can defuse the situation. This is not a must and depends on how severe the bullying is.
- Involve the works council: where a works council exists, it is an important point of contact. Under § 85 BetrVG it has the right to receive complaints and work towards a remedy.
- Complain to the employer: under § 84 (1) BetrVG every employee has the right to complain to the competent body within the company if they feel disadvantaged or unfairly treated.
- Seek medical help: have the health effects documented by a doctor. Medical certificates about psychological or physical complaints can serve as evidence in court.
- Obtain legal advice: a specialist lawyer for employment law can assess your situation and set the right steps in motion.
Legal claims: damages, compensation for pain and suffering, injunction
Where personality rights or health are violated, those affected can claim damages (§ 823 BGB). This includes, for example, the cost of therapy, loss of earnings or job-application costs.
For the non-material harm suffered, a claim for compensation for pain and suffering under § 253 BGB may also exist. The amount depends on the severity and duration of the bullying and on the health consequences.
There is also a claim for an injunction: those affected can demand that the bullying stop.
In cases of serious bullying, extraordinary termination by the employee may also be justified, combined with claims for damages.
Experience shows that courts are strict when it comes to recognising bullying claims. The burden of proof lies with the person affected, and the threshold for compensation for pain and suffering is high. This makes a bullying diary kept without gaps all the more valuable in court.
Where the line is drawn: what does not legally count as bullying
Not every unpleasant situation at work is bullying. The following is generally not treated as bullying:
- Justified criticism of work performance
- Organisational measures such as transfers for operational reasons
- Individual conflicts or disagreements
- Justified warnings for actual misconduct
Where the line falls depends on the individual case. A specialist lawyer for employment law can assess whether the incidents, taken as a whole, cross the threshold into bullying.
This article provides general information and does not replace individual legal advice. Every case is different. For specific questions, we recommend seeking legal support at an early stage.
