[노동자 권리 찾기 필수템 ⑤] Right to know as a worker from joining the company to leaving the company ⑦ Harassment in the workplace

Recently, the Seoul Workers Support Center in the southeast region published a booklet called . It examines the problems that platform workers, freelancers, transport and logistics workers, and young workers are experiencing while working, and includes solutions. At times, they answered questions through explanations of laws and systems and precedents, and at other times through questions and answers. The content is reprinted as it is judged to be useful information for workers.

order of posting

① Join

② Wages

③ Working hours

④ Holidays and vacations

⑤ Dismissal and resignation

⑥ Industrial accident

⑦ Harassment in the workplace

What is workplace bullying?

Definition of the Workplace Harassment Prevention Act

The Workplace Harassment Prohibition Act was amended to the Labor Standards Act and came into effect on July 16, 2019.

This law contains provisions for protecting victims and punishing employers in relation to workplace harassment. Due to this law, the scope of recognition of industrial accidents due to workplace harassment has also been expanded compared to before.

The bill bans workplace harassment

– Employers or workers take advantage of their position or relationship at work

– Exceeding the appropriate scope for work

– It was defined as an act that inflicts physical or mental pain on other workers or worsens the working environment.

Obligation to take action in case of workplace harassment

In case of workplace harassment, the employer must immediately investigate it and take appropriate measures such as changing the workplace or ordering paid leave according to the wishes of the victim.

If the employer treats the victim unfairly, such as dismissal, because the victim has reported the incident of workplace harassment or claimed that the victim has been harmed, he or she shall be punished by imprisonment for not more than three years or by a fine of not more than 30 million won.

‘Prevention of workplace harassment and measures’ must be written in the employment rules

Employers are obliged to describe the prevention of workplace harassment and measures to be taken when it occurs in the employment rules. If the business owner does not comply with this, a fine of not more than 5 million won will be imposed.

Workplace Harassment Judgment, Prevention, and Response Manual by the Ministry of Employment and Labor

The manual analyzes the concept of workplace harassment in accordance with the law and presents standards for judging which behaviors constitute workplace harassment.

In addition, we have presented matters to be considered when conducting preventive activities against workplace bullying or establishing an in-house resolution procedure for workplace bullying, as well as a standard draft that can be used as a reference when drafting employment rules.

Bullying in the workplace is a problem for all of us

It’s not just one person’s problem, it’s all of us

Bullying in the workplace is a major cause of negative outcomes for both individual workers and companies. For example, when workplace bullying occurs, workers not only cannot work comfortably, but also lose concentration a lot. If such a situation continues, of course, you will feel a lot of physical and mental fatigue due to various stresses, and your work efficiency will also drop a lot. If a worker gets ill from being bullied, the company will eventually lose its competitiveness. Therefore, we need to think of workplace bullying as a problem for all of us, not just one person.

Giving support to co-workers who are experiencing workplace bullying

There are some things that many workers who have experienced workplace bullying have in common. It was that when I was bullied at work, I felt more difficult and lonely because I had no colleagues to communicate with and support me.

If my co-worker is experiencing bullying at work, please help me.

Let’s at least promise not to think or say this.

– “Because of what you did~~” (X)

– “Because it’s your job ~~” (X)

– “Because it has nothing to do with me~~” (X)

Is ‘workplace bullying’ correct?

Workplace assault and physical and verbal violence

Assault and violence (physical and verbal) cannot be justified under any circumstances. When someone engages in assault or violence in a position of superior rank or number, it is clearly an illegal act that violates the human rights of workers.

Violence also includes saying things that cause shame and humiliation towards workers, or throwing objects while yelling at workers. It also applies to harassing workers or harassing workers with vulgar words.

Sexual Harassment at Work

Employers, superiors, and co-workers must not use their position or in relation to work, etc. to make them feel sexually humiliated or disgusted by sexual words or actions, or to give disadvantages in employment.

Sexual harassment refers to “the sexual humiliation and disgust I feel.” Sexual harassment preferentially considers the feeling of harm (e.g., feeling of displeasure or insult), and includes acts that take place outside the workplace (e.g., dinners, picnics, etc.).

Let’s check it out!

□ Is sexual harassment only for men to women?

no. Sexual harassment includes harassment by subordinates or customers, by men against men, by women against women, and by women against men.

□ Victims can be all workers except business operators (dispatched workers, subcontractor workers, fixed-term workers, part-time workers, etc.), including job seekers in the recruitment and recruitment process.

Workplace atmosphere prone to ‘workplace bullying’

strict hierarchy

If the hierarchy in the workplace is strict and it feels like you have to obey your boss’s orders, you are more likely to lead to workplace bullying. This is because my boss is a directing authority that I do not have, and there may be situations where I abuse it and harass it.

Organizational culture that overemphasizes performance

If there is an atmosphere of overemphasis on performance in the workplace, it is also likely to lead to workplace bullying. This is because, in the process, workers’ rights may be ignored, and workers may be demanded to perform unreasonable tasks in the name of performance pressure.

Are you experiencing workplace bullying?

Atmosphere where sexual jokes or punishments are taken lightly

Even in workplaces where sexual jokes and discrimination are usually taken lightly, workplace bullying can occur. This is because it can cause issues of sexual harassment in the workplace.

Also related to the personnel management system

Workplace harassment is also related to the personnel system. In the name of the personnel system, the contents and roles of work are continuously ambiguous, and it may be a job that is not related to the job or induces people to resign themselves.

It’s a bit difficult to say, but this type of bullying can also be referred to as ‘workplace bullying due to the sadistic personnel system’. This type of bullying must be approached with the help of a professional, as it is difficult to gather relatively direct and explicit evidence of harassment.

When you experience bullying and hardship at work

Even if it is not workplace bullying, if you are experiencing hardship, that is, grievance, due to various things at work, you can report it to the relevant organization or receive counseling without delay. As a worker’s dignified right, ask for help from a professional organization proudly.

Unpaid wages, workplace harassment

In case of violation of various labor laws such as non-payment of wages, assault, minimum wage, concealment of industrial accidents, unfair labor practices, workplace harassment, etc.

Report, reception, consultation

Ministry of Employment and Labor Electronic Complaint Center: minwon.moel.go.kr

– Counseling and reporting any violations of labor laws

– Helpline: 1350 without an area code

– Reports can be submitted by visiting the local labor office, mail, fax, etc.

Labor Relations Commission: www.nlrc.go.kr

– Helpline: 02-3273-0226

– Counseling and receiving reports on unfair dismissal, claims for damages, unfair labor practices, and discrimination

Korea Labor Welfare Corporation: www.kcomwel.co.kr

– Helpline: 1588-0075

– Counseling and receiving reports on industrial accident applications

How do you prepare to respond?

– Record what you experienced such as delayed payment of wages, assault, minimum wage, cover-up of industrial accidents, and unfair labor practices in accordance with the six-fold principle (who, when, where, what, how, why). If you are being bullied, you should record yourself and collect evidence. In addition, eyewitness testimony, testimony recording, and recording may also have the effect of evidence.

– Get professional help immediately.

– If you find it difficult to calmly explain the facts and circumstances of the damage, compose it as an ‘I (I)-centered story’ so that you can talk.

‘I (I)-centered story’ is a communication technique that informs and claims my situation, focusing on the fact of my damage as part of ‘the other’s actions’, ‘the influence I received from it’ and ‘my feelings’.

Ex) “When the manager kept yelling at me and swearing “OO” (the other person’s behavior), I couldn’t concentrate on my work and it seemed like I wasn’t respected (I was influenced by it). So it’s psychologically painful (my feeling), such as feeling humiliated.

Labor Welfare Net EAP Service

EAP role and definition

– Workers are likely to be already very emotionally and physically exhausted from workplace bullying. Grievances and conflicts themselves not only create a psychological burden, but if the resulting stress is prolonged, it is easy to become exhausted by physical and psychological strength before even trying to respond and resolve it.

– In this case, communication with a professional organization that can receive support and counseling regarding overall psychology is really helpful. EAP provides psychological counseling and coaching for workers’ grievances that affect productivity in a company.

Agency Counseling

Korea Labor Welfare Corporation: www.kcomwel.or.kr/kcomwel

– Helpline: 1588-0075

– EAP counseling service provided free of charge

– Any worker at a workplace with fewer than 300 full-time employees can use it after registering as a member of the Labor Welfare Net membership.

– Counseling is provided through a professional counselor of a consigned specialized agency, and the contents of the consultation are strictly confidential.

Sexual Harassment at Work

An act that causes any employee to feel sexual humiliation, sexual shame, or sexual hatred in relation to his/her position and work in the workplace. Also, acts that give disadvantages to employment because they do not comply with sexual demands.

Report, reception, consultation

Ministry of Employment and Labor Electronic Complaint Center: minwon.moel.go.kr

– Helpline: 1350 without an area code

– Reports can be submitted by visiting the local labor office, mail, fax, etc.

Human Rights Counseling, National Human Rights Commission of Korea: humanrights.go.kr

– 1331 without phone number

– Women’s emergency hotline: 1366 without an area code

– Korea Sexual Violence Counseling Center: 02-338-5801

– Korean women’s phone number: 02-2263-6465

– Korea Women’s Counseling Center: 02-953-1504

– Seoul Women’s Workers’ Association: 02-3141-6465

– Korea Women’s Association : 02-706-5050

How do you prepare to respond?

– Immediately inform the offender clearly of his refusal and tell him to stop the act. It would be nice if you could leave proof of expression, such as a post office certificate, in this process.

– Record the situation in detail. It refers to the elements of the six-fold principle (who, when, where, what, how, why), and records the behavior of the offender and my behavior separately. It is also necessary to check whether it is possible to secure eyewitnesses and witnesses nearby.

– Immediately request a report/receipt to a professional counseling agency.

– Inform the workplace of the situation to the grievance handling system (labor-management council, grievance committee, HR, audit department, labor union, business owner, etc.) and request action.

– If necessary, you can claim damages through a civil lawsuit.

Examples of sexual harassment in the workplace

– Verbal sexual harassment: sexual jokes, sexual metaphors or evaluations of appearance

Ex) “Are you in good shape?” “I don’t go to parties if the woman isn’t there.”

– Physical sexual harassment: Physical contact (hugging, kissing) or touching body parts

Ex) The act of massaging without permission, the act of stabbing the side

– Visual Sexual Harassment: Showing any video, image, e-mail, or document containing obscene content, and exposing or touching a specific body part.

Ex) Sharing pornography on social media or showing it through a mobile messenger program

– Other sexual harassment: Languages ​​or behaviors that are recognized as sexually humiliating, sexually humiliating, or sexually hateful according to social norms.

Example) When a co-worker goes on a business trip with a colleague of the opposite sex, a room is reserved

youth labor rights organization

– Part-time labor union: www.alba.or.kr

– Youth Labor Human Rights Network: m.cafe.daum.net/nodongzzang

– Youth Activity Meteorological Rehabilitation Period: hwalgy.tistory.com

– Youth Union: youthunion.kr/xe

– Youth Human Rights Action Asunaro: asunaro.or.kr

Reference-www.labortoday.co.kr

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