Analyzing the Prevention and Control of Workplace Bullying to Create a Friendly Workplace

        In recent years, in addition to workplace safety, mental health and mutual respect have also become important workplace issues. This issue of 'Legal Column' analyzes the content of 'workplace bullying prevention and control' under the new occupational safety law. We hope that every worker can fully understand, show more understanding and tolerance, and make the work environment more friendly.

        In the workplace, bullying does not necessarily require obvious conflicts. Sometimes a derogatory joke, repeated unreasonable demands, or long-term neglect and exclusion can invisibly cause pressure and harm to others. Generally speaking, in practice, to determine whether it constitutes workplace bullying, the following five elements are usually comprehensively evaluated:

        Requirement 1: Occurred in the workplace and related to the position

        Workplace bullying must be associated with job performance, meaning that the behavior occurs during the work process, workplace, or job-related interactions. For example, publicly humiliating colleagues during meetings, continuously scolding employees in a derogatory tone in official communication groups, deliberately making things difficult for employees through work assignments, or maliciously excluding specific colleagues during business operations. If it is only a personal grudge or a personal conflict unrelated to work, it usually does not belong to the category of workplace bullying.

        Requirement 2: Existence of position, power or substantial influence relationship

        Workplace bullying is common in relationships with power differentials, such as supervisors versus subordinates, but not limited to formal job positions. In practice, it may also occur when senior colleagues intentionally isolate or exclude new employees, groups intentionally isolate or exclude specific individuals, or colleagues using interpersonal influence. In other words, as long as one party can use their position, qualifications, interpersonal relationships, or work influence to put others in an unequal position, they can meet this requirement.

        Requirement 3: The behavior has exceeded the reasonable scope of business management

        Enterprises already have the authority to manage, demand performance, and provide work guidance, so "reasonable management" and "workplace bullying" cannot be confused. For example, normal work guidance, reasonable performance requirements, suggestions for work improvement, and assessment according to the system are all reasonable management behaviors in principle. But if the following situations occur, it may exceed the reasonable range: blaming employees in a humiliating or mocking manner for a long time; Intentionally giving work that is clearly impossible to complete; Using management as a pretext to degrade the personality of employees; Public insults and emotional rebukes; Malicious deprivation of work resources or deliberate isolation of colleagues. The key to judgment is whether the management behavior has exceeded the necessity of work and infringed upon the personal dignity of the parties involved.

                Requirement 4: Having continuity or repetition

        Bullying usually occurs repeatedly over a long period of time, such as continuous humiliation, neglect, malicious harassment, or exclusion.

        Element 5: Causing harm to physical and mental health

        Whether it has caused negative psychological or physiological effects on the parties involved is one of the important criteria for judging workplace bullying. For example, long-term anxiety or insomnia, low mood or fear of going to work, stress reactions, significant decline in work confidence, impact on interpersonal interaction and daily life, and in severe cases, may even lead to depression, physical and mental illness, or resignation.

        Mastering the five core elements mentioned above helps to consciously assess workplace risks. If you unfortunately encounter workplace bullying, it is recommended to refer to the standard handling process of the Ministry of Labor as follows:

        Internal appeal: Prioritize appealing to the company's channels in accordance with company standards.

        External appeal: If the company fails to implement or handle it in accordance with the law, it may consider appealing to the labor inspection agency at the workplace.

        Legal approach: If it involves criminal or civil liability such as injury, intimidation, defamation, or public insult, the judicial authorities shall handle it in accordance with the law.

        The complete regulatory guidelines can be found on the "Ministry of Labor Convenience Services" website. (Reference materials: Ministry of Labor official website, Ministry of Labor convenience service official website)

        *Image source: freepik

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