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| A law banning workplace bullying will take effect, Tuesday, but doubts are rising over whether the ban will effectively protect victims and help establish friendlier workplaces. Courtesy of gettyimagesbank |
By Kim Hyun-bin
Questions are arising over the effectiveness of a new law prohibiting workplace bullying, which will take effect Tuesday, as it lacks a clear definition of the behavior and there is no set of mandatory guidelines to punish perpetrators.
Some worry that the ambiguous definition could be misused by people unsatisfied with their duties at work or personnel assignments to file false complaints.
The revised Labor Standards Act defines workplace bullying as an act by an employer or an employee inflicting physical or mental suffering on another employee "beyond the appropriate scope of work," or one that degrades the work environment through a person taking advantage of their position and status.
However, many believe the definition of "appropriate scope" is too vague and it is difficult to determine the level of a victim's physical or mental suffering as these depend on subjectivity and can vary from individual to individual.
According to a survey by the Korea Chamber of Commerce and Industry of officials in charge of personnel affairs at 300 companies, 45.5 percent said the definition of bullying was vague.
"I don't know what to do if what I considered a proper instruction related to work is interpreted by a subordinate as an improper order made by me taking advantage of my position," a mid-level official at a Seoul company said on condition of anonymity.
Some also say without guidelines for companies to punish perpetrators, it could lead to secondary damage for victims or even pressure on them to resign.
"I believe the law is for a good cause, and the government is trying to reduce workplace bullying. But it needs to come up with specific guidelines to punish perpetrators, or it will be just a law with a fancy name and no consequences," said a female worker in her mid-30s surnamed Chung.
In response to such complaints, the Ministry of Employment and Labor has produced instructional material about what workplace bullying is.
Some of the acts "beyond the appropriate scope of work" include repeatedly ordering work unrelated to official duties; deliberately ignoring or excluding an employee while carrying out work or making decisions; and discriminating against a person over promotions, training or benefits without a specific reason.
Spreading rumors, verbal abuse and cursing, not allowing use of leave without a clear reason, extensive surveillance, and forcing employees to drink, smoke or attend company get-togethers are also included.
Workers generally agree on the need for such a law. According to a survey of 1,287 people by job recruitment site Incruit, 96 percent were in favor of the new law, saying it would be a warning to superiors who habitually bully employees.
The 4 percent who were negative about it mostly said they were skeptical of its effectiveness: 34 percent of them said there cannot be a "proper and improper" scope in bullying; 22 percent said the small number of guidelines was insufficient to prevent varied forms of bullying; 21 percent said they expected there would be no proper punishment or countermeasures even when bullying was reported; and 17 percent said reasonable countermeasures were impossible when the perpetrator was the head of the company.
