People who experience workplace bullying from management or colleagues often experience physical or mental health problems, and even lose confidence at work and in life. That Taiwan does not have a law against workplace bullying makes it difficult for victims to defend their rights.
Recent news reports said that a man surnamed Liu (劉), who worked at the Taiwan Insurance Institute (TII), this year enrolled in a master’s program at National Taipei University of Technology as part of his professional development.
He planned to study toward a master’s degree while working, but his supervisor asked him to choose between work and study, and even forced him to sign a voluntary resignation form.
Liu ended his life on the university campus.
The Taipei Labor Inspection Office said it had received a complaint from Liu and inspected TII early last month, after which it issued a notice demanding improvement. That obviously failed to prevent the tragedy.
Why was the perpetrator still emboldened to carry on bullying despite the notice? Ultimately, the problem lies in Taiwan’s lack of anti-workplace bullying laws.
The Labor Standards Act (勞動基準法) and the Occupational Safety and Health Act (職業安全衛生法) lack specific protections against workplace bullying. As a result, victims are often left without a way to seek legal protection, while perpetrators are allowed to operate with impunity.
Laws against workplace bullying have many benefits and should start with the following:
First, anti-workplace bullying legislation should clearly define workplace bullying and make it punishable, covering verbal and psychological abuse, discrimination and sexual harassment, among other things, including the abuse of superior-subordinate relationships and relationships between colleagues.
Second, the legislation should establish a reporting and investigation mechanism. Dedicated reporting channels and investigative agencies would ensure that victims can confidentiality and anonymously report bullying.
Third, to curb bullying, legal liability for workplace bullying should be established, including fines, termination of work contracts and criminal penalties.
Employers must bear responsibility, especially when they fail to prevent or stop bullying. Authorities should pursue appropriate accountability.
Fourth, the law should require companies to regularly provide employees with workplace bullying prevention education, improve employees’ legal awareness and prevention capacities, and establish a healthy corporate culture.
Organizations such as TII should especially improve this kind of education to prevent another tragedy.
Fifth, the law should enable the Ministry of Labor and local labor departments to conduct comprehensive investigations into bullying incidents. They should not just issue improvement notices, but also hold people accountable and require that companies follow a specific improvement plan.
The Ministry of Labor should prepare a draft of the anti-bullying law, and the legislature should promote the bill as soon as possible and hold public hearings, inviting lawyers, labor law experts and union representatives to discuss the bill to ensure it is comprehensive and fair.
The government should promote a law against workplace bullying as soon as possible to provide more comprehensive protection for workers and encourage companies to build a respectful and fair working environment, to prevent a similar tragedy.
Tsai Li-hui is an assistant professor in English at St John’s University and Taiwan Higher Education Union’s St John’s division union convener.
Translated by Lin Lee-kai
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