Inspector for harassment at work, will you just report?

▲ Jinah Lee Certified Labor Attorney (Isan Labor Law Office)

Mr. A reported to the Labor Administration and the company that he was harassed at work by the CEO and his direct supervisor. It was from that day. Mr. A was continuously instructed to write a police report from the company. The company asked me to write a police report, saying that I suddenly violated the rules for the work I had been doing customarily. The e-mail instructing the inspector said, ‘You made a mistake that you should never make, and you can be held responsible more strictly, but it goes beyond the inspector’s.’ Mr. A was upset, but he wrote and submitted a police report. The background and reasons for the occurrence of the problem were written in detail. ‘The way they have handled business so far’ and ‘The bosses at the approval line knew but never received a request for correction from them’ ‘It was not recognized as a problem because of this’, and finally, ‘In the future, It will be dealt with accordingly.”

Another email came from the company. They said it was all excuses. He scolded me for not admitting my mistake. I will give you one more chance, so I told you to rewrite the police report by tomorrow. It was read as meaning to be more sassy, ​​but at the end of the company’s e-mail, it was written that ‘it is not meant to contain the meaning of absolute reflection’. Requests for rewriting the police report continued several more times after that. The company ordered the rewrite of the inspectorate and told them not to look down on the company. When Mr. A made a mistake that often occurs in the process of taking over the business, the company again asked Mr. A to write a police report. This, too, had to be rewritten several times. After that, the request to write a police officer continued. Person A requested to separate them during the investigation period because there was no spatial and business separation from the bullying agent, and the company said that it would grant paid leave. That evening, the company asked me to write another report on vacation because I had not discussed it with my immediate supervisor, the bully. Do you have to negotiate with the bullying agent on vacation to separate from the bullying agent? Mr. A was not convinced, but he could not protest much. Because he was already very depressed.

inspectorate. It is also called a statement of reason and a statement of apology, and it is a measure of personnel authority that, when a problem occurs in the company, the worker who caused the problem is written for the purpose of confirming the background of the incident and leaving the process of the problem clear. If it is in the disciplinary regulations, it can be seen as a type of disciplinary action, but most of it is done as an exercise of personnel rights. There are many cases in which companies, workers, or reports are thought of as statements of reflection, even though they are written for the purpose of checking and recording the circumstances. The Supreme Court holds that it is not a legitimate business order to include the meaning of reflection in the police report as it violates the fundamental rights under the Constitution. As if Mr. A could not say that he couldn’t write it because he was asking for reflection on the order to rewrite it. In the end, workers will voluntarily write a report with the meaning of reflection. From the company’s point of view, there’s nothing like making a person write a police report and have them write it again and then re-write it.

Recently, we have seen cases where a victim, like Mr. A, who reported a case of workplace harassment continues to receive instructions for writing a police report. The company does not ignore even the slightest mistake or mistake of the workers. It is prohibited by law to treat people unfavorably for reporting workplace harassment. However, many workers have no choice but to submit a police report. This is because the burden of refusing a work order must be borne entirely by the worker himself/herself. It is a problem similar to the one in which a police officer was instructed, and it is not easy to take issue with it even if it seems that he has never written an inspectorate before or that his colleagues do not. This is because the company claims that it is not, and says that there is no record of background to compare. It will be difficult to determine whether it is discrimination or targeting. At a time when workplace democracy emerged as a hot topic, and hierarchical and undemocratic elements and practices in the workplace, such as the introduction of an anti-harassment law in the workplace, were to be erased, the operation of the Inspector General was still free. It was at the discretion of the direct supervisor, not the company level, so even if the company did not know, it is not a real problem. This is the reason why the police report that infringes on the personal rights and freedom of conscience of many workers is being operated without standards or strictness. I don’t think it’s just the author’s ingenuity to argue that the order to write a police report will become a ‘legal’ and ‘just’ retaliatory action by the company against a thorny worker. It is time to reconsider the method of Inspection and make efforts to improve it.

Reference-www.labortoday.co.kr

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