英文摘要 |
The core thesis of this article is that not all unwelcome workplace conduct constitutes workplace bullying that deserves legal action. While “what happens in this house stays in the house” is a popular setting for workplace conflicts, the applicability of this idea may vary according to the types of unwelcome conduct involved. To figure out how to legally and adequately handle workplace bullying issues, the author tends to reveal the solution by answering three crucial questions. First of all, what is the legal definition of workplace bullying? Second, what is the current law and policy in action on handling workplace bullying in Taiwan and other countries? Lastly, what is the tailored legal resolution to address workplace bullying in Taiwan? The comprehensive analysis of these three questions suggests that the current laws in Taiwan cannot provide sufficient coverage for all kinds of bullying. Although the court has figured its way out through case law, it is still not a meaningful mechanism that could fit the employee and employer’s demands. This article thus argues that Taiwan needs a bill on workplace bullying with an open and flexible definition to include diversity of conduct. In the meantime, this bill should be equipped with proper employer affirmative defense to trigger their willingness to participate in preventing workplace bullying actively. Moreover, this paper also recommends two potential workplace bully handling mechanisms based on previous experience on related matters in the U.S. and Taiwan. Hopefully, the result and discussion in this article can shed light on the workplace bullying handling issue and continuingly sparks attention and new inspiration on this matter. |