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🛡️ Bullying, discrimination and occupational health and safety

What legal protection you have against bullying and discrimination, which deadline under the AGG is particularly short – and who is responsible for occupational health and safety.

Bullying (Mobbing) AGG Discrimination Duty of care Occupational health and safety Risk assessment Compensation

In brief

"Bullying" (Mobbing) is not a legal term in its own right, but is understood by case law as systematic, continued hostility, harassment or discrimination that violates the dignity and health of the person affected. The employer has a duty of care to protect employees from it (§ 618 BGB).

For discrimination on the grounds named in the General Equal Treatment Act – such as gender, age, disability, ethnic origin, religion or sexual identity – special, very short deadlines apply: claims generally have to be asserted in writing within two months.

Step by step

  1. Document incidents systematicallyNote the date, time, people involved, witnesses and the exact wording of incidents – as soon as possible after each event.
  2. Involve the internal complaints officeUnder § 13 AGG there must be a complaints office in the business where you can complain without having to fear disadvantages.
  3. Involve the works council or the representation for severely disabled employeesBoth can help to clarify and resolve the conflict and have participation rights of their own.
  4. For discrimination covered by the AGG: observe the two-month deadlineClaims for compensation and damages under the AGG must be asserted in writing against the employer within two months; after that a further three-month period for bringing a claim runs.

Deadlines

2 months
Deadline for asserting claims for compensation and damages under the AGG against the employer in writing, from knowledge of the discrimination.§ 15 Abs. 4 AGG
3 months
Subsequent time limit for bringing a claim before the labour court, once the claim has been asserted in time or from refusal by the employer.§ 61b ArbGG
Watch out – common mistakes
  • The AGG deadlines are very short and start to run regardless of whether internal attempts at clarification are still ongoing – so alongside an internal complaint, legal advice should be sought early if the two-month deadline is approaching.
  • "Bullying" as such is not a separate ground for a claim; legally, individual acts that together amount to a violation of rights (e.g. insults, exclusion, instructions harmful to health) must be named and, where possible, evidenced.
  • Anyone who complains is specially protected against reprisals (prohibition of victimisation, § 16 AGG); nevertheless complaints should be well documented and, where possible, submitted with support (works council, advice centre).
  • Occupational health and safety (including the risk assessment of mental stress under § 5 ArbSchG) is a separate duty of the employer, independent of the question of discrimination, and compliance with it can also be monitored by the competent trade supervisory office or occupational health and safety authority.
In depth · legal basis, figures and practice – for advisers and professionals

Duty of care and bullying

Even without a separate "bullying law", § 618 BGB (duty of care) and the general right of personality give rise to a duty of the employer to protect employees from systematic hostility and harassment at work and to intervene actively once it becomes aware of it. If the employer breaches this duty, claims for an injunction, damages and, in serious cases, compensation for pain and suffering may come into consideration.

Protection under the AGG

The General Equal Treatment Act prohibits discrimination on grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual identity (§ 1 AGG) – at the start of, during and on the end of employment. In the event of a breach, compensation for non-material disadvantage (§ 15 Abs. 2 AGG) and damages for material loss (§ 15 Abs. 1 AGG) can be claimed. Both claims must be asserted in writing against the employer within two months (§ 15 Abs. 4 AGG), followed by a three-month period for bringing a claim (§ 61b ArbGG).

Easing of the burden of proof

If the person affected presents indications that make discrimination on one of the named grounds predominantly likely, the employer bears the burden of proving that there was no breach of the prohibition of discrimination (§ 22 AGG).

Occupational health and safety and risk assessment

Regardless of questions of discrimination, the Occupational Health and Safety Act obliges the employer to carry out a risk assessment that expressly also includes mental stress at work (§ 5 Abs. 3 Nr. 6 ArbSchG). Systematic conflicts at work can be relevant here and be a reason for measures by the employer, independent of any individual entitlement of the person affected.

Who is responsible
  • Internal complaints office (§ 13 AGG)
  • Works council, if there is one
  • Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) (initial advice)
  • Local labour court
  • Competent occupational health and safety authority of the relevant federal state
Further reading
Workplace accidents and occupational diseasesAdvice and points of contact

Quick questions

Worum geht es bei „Bullying, discrimination and occupational health and safety“?
What legal protection you have against bullying and discrimination, which deadline under the AGG is particularly short – and who is responsible for occupational health and safety.
Which deadlines and figures matter?
  • 2 months: Deadline for asserting claims for compensation and damages under the AGG against the employer in writing, from knowledge of the discrimination. (§ 15 Abs. 4 AGG)
  • 3 months: Subsequent time limit for bringing a claim before the labour court, once the claim has been asserted in time or from refusal by the employer. (§ 61b ArbGG)
What should I do first?
  • Document incidents systematically: Note the date, time, people involved, witnesses and the exact wording of incidents – as soon as possible after each event.
  • Involve the internal complaints office: Under § 13 AGG there must be a complaints office in the business where you can complain without having to fear disadvantages.
  • Involve the works council or the representation for severely disabled employees: Both can help to clarify and resolve the conflict and have participation rights of their own.
What do I need to watch out for?
  • The AGG deadlines are very short and start to run regardless of whether internal attempts at clarification are still ongoing – so alongside an internal complaint, legal advice should be sought early if the two-month deadline is approaching.
  • "Bullying" as such is not a separate ground for a claim; legally, individual acts that together amount to a violation of rights (e.g. insults, exclusion, instructions harmful to health) must be named and, where possible, evidenced.
  • Anyone who complains is specially protected against reprisals (prohibition of victimisation, § 16 AGG); nevertheless complaints should be well documented and, where possible, submitted with support (works council, advice centre).
Evidence
  • Allgemeines Gleichbehandlungsgesetz (AGG), gesetze-im-internet.de
  • Bürgerliches Gesetzbuch (BGB) § 618, gesetze-im-internet.de
  • Arbeitsschutzgesetz (ArbSchG) § 5, gesetze-im-internet.de
  • Arbeitsgerichtsgesetz (ArbGG) § 61b, gesetze-im-internet.de
As of

September 2026 · Sources and method

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