For an act to constitute workplace bullying, it must meet five criteria and be confirmed through an investigation, the Occupational Safety and Health Administration (OSHA) said today, adding that behavior cannot be classified as bullying based on subjective judgement.
The comment came after online discussion about whether being excluded from food or drink orders constitutes workplace bullying.
The Ministry of Labor added a dedicated chapter on workplace bullying to the Occupational Safety and Health Act (勞動部職業安全衛生法), which was passed by the Legislative Yuan in December last year and is to take effect on July 1.
Photo: CNA
Given the wide variety of actions that may constitute bullying, the ministry has drawn up prevention guidelines and identified five types of inappropriate conduct to help employers assess cases, including social exclusion, verbal abuse and interference with job duties.
There has been widespread online discussion about what constitutes workplace bullying, with people saying that excluding colleagues from food orders, refusing leave requests and spreading negative comments about colleagues in group chats all count.
Online claims about what crosses the line into bullying can be misleading, as workplace conflicts are inevitable, OSHA said today.
According to the new regulations, workplace bullying must be confirmed by an investigation and meet five criteria: It must occur within the workplace during work, involve employees using their position or authority over others, go beyond the necessary and reasonable business scope, be repeated or continuous, and cause physical or mental harm, the agency said.
Employees who experience workplace bullying should first file a complaint with their employer, the ministry said.
If the employer fails to investigate or mediate as required, employees may report the case to their local labor authority, which would examine whether the employer has complied with legal procedures and may require an investigation or mediation, it said.
If an employer unlawfully denies leave or is suspected of contravening the Labor Standards Act (勞動基準法), the employee can file a complaint with their local labor affairs bureau or apply for dispute mediation, the ministry said.
If there are repeated verbal attacks against a specific person involving defamation, insult or damage to reputation, it may fall under civil or criminal law, the ministry said, advising employees in such cases to collect evidence and pursue legal remedies to protect their rights.
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