Schweinsteiger appears to have been cut out of the Manchester United first-team picture since Mourinho's arrival as manager in the summer, with reports that he has been training with the reserves.
The World Cup winner's name was conspicuous by its absence from United's squad for Wayne Rooney's testimonial against Everton at Old Trafford on Wednesday, a match in which Mourinho used 22 players.
Dejan Stefanovic, a lawyer and FifPro member from Slovenia, told BBC World Service Sport: "It's clear bullying. In Slovenia, we would have indicted Mourinho and asked for the highest penalty - three years in prison.
"This is clearly meant to discourage Bastian. Mourinho is setting a bad example. I would take it to the ordinary court.
"In our case, the penal code is quite clear. If there is bullying and harassment, there's a prison sanction, a maximum of three years in prison.
"Schweinsteiger should turn to the Professional Footballers' Association and he should file a complaint and I would also seek penalty for Mourinho.
"All the players of the first team have to train with the coaches of the first team at the same place, at the same time as all other team-mates.
"That's something that should be applied to each and every club and should be written within FIFA regulations."
United have declined to comment on Stefanovic's remarks.
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