Working Hour System Consulting
About our consulting service
As it is often the case that employee’s assertion of bullying for him/her is not easy whether it should be regarded as ‘harassment’ in legal standards, it is highly recommended to investigate the case and judged by external professionals before company make a decision about bullying issues raised by its employees.
By conducting such, the company can take legitimate action to both harasser and victim, and thus can prevent legal risk.
We perform the investigation commissioned by the clients by objective standards, and draft full report about the case including assertion of victim, details of actually occurred bullying, the rebuttal of harasser, legal advice, and desirable final actions of the company.
- About our consulting service,
As it is often the case that employee’s assertion of bullying for him/her is not easy whether it should be regarded as ‘harassment’ in legal standards, it is highly recommended to investigate the case and judged by external professionals before company make a decision about bullying issues raised by its employees.
By conducting such, the company can take legitimate action to both harasser and victim, and thus can prevent legal risk.
We perform the investigation commissioned by the clients by objective standards, and draft full report about the case including assertion of victim, details of actually occurred bullying, the rebuttal of harasser, legal advice, and desirable final actions of the company.
About our consulting service,
As it is often the case that employee’s assertion of bullying for him/her is not easy whether it should be regarded as ‘harassment’ in legal standards, it is highly recommended to investigate the case and judged by external professionals before company make a decision about bullying issues raised by its employees.
By conducting such, the company can take legitimate action to both harasser and victim, and thus can prevent legal risk.
We perform the investigation commissioned by the clients by objective standards, and draft full report about the case including assertion of victim, details of actually occurred bullying, the rebuttal of harasser, legal advice, and desirable final actions of the company.
◆ Background
Regarding Workplace Harassment (‘Bullying’) issue, the Korea government has adopted the “eradication of harassment in the workplace” as a policy task and established joint “countermeasures to root out workplace harassment” (July 16, 2018).
As a follow-up legislative action, the concept of “workplace harassment” was officially acknowledged through a revision of the Labor Standards Act (LSA) on January 15, 2019,
and the new law will take effect on July 16, 2019.
◆ Main summary of related law
Though the revised LSA defines and prohibits workplace harassment by law, it does not designate direct penal provisions for harassers, instead mandating that each business establishment - defined as a single physical location at which business is conducted - establishes prevention and response measures against workplace harassment by the rules of employment depending on the particular situation of each establishment.
Rules of employment are required to provide descriptions of issues related to the prevention of workplace harassment as well as actions for responding to any occurrences.
◆ Examples of some acts that may be regarded as workplace harassment are provided below
f employment are required to provide descriptions of issues related to the prevention of workplace harassment as well as actions for responding to any occurrences.
- Not acknowledging or mocking work competency or performance without justifiable reasons
- Discriminating in regard to training, promotion, compensation, or other ordinary treatment without justifiable reasons
- Giving difficult work that is not specified in a labor contract, and which is shunned by other employees, to a certain employee and not other employees
- Giving odd jobs not specified in a labor contract or giving little amounts of work
- Excluding from the provision of important information related to work or the decision-making process without justifiable reasons
- Abusing power to pressure an employee to not take a day-off, sick leave, or various welfare benefits without justifiable reasons
- Excessively monitoring a certain employee’s work or recess periods, without doing the same for other employees
- Continuously and repeatedly asking an employee to carry out work related to personal life, such as running errands
- Coercing an employee to move to another team or leave the company without justifiable reasons
- Talking behind an employee‘s back or spreading rumors about personal life
- Inflicting physical intimidation or violence
- Using curses or other threatening words
- Using words and behaviors that humiliate an employee in front of others or on-line
- Coercing an employee to drink, smoke, or participate in a company dinner irrespective of that employee’s will
- Ostracizing an employee (bullying)
- Not providing an employee with the equipment necessary to work (computer, telephone, etc.) or blocking access to the internet or intranet