職場霸凌判斷基準之研究──以日本職場霸凌法制作為比較

A Study on the Criteria for Assessing Workplace Bullying: A Comparison with Japanese Power Harassment Legal Framework

職場霸凌，作為一個日益受到關注之問題，涉及人的尊嚴、身心健康以及職場和諧，與勞工安全衛生息息相關。然而，我國現行法就職場霸凌並未置有定義性規定。於制定法上，與職場霸凌最相關者，只有職業安全衛生法第6條第2項第3款規定及「執行職務遭受不法侵害預防指引」中之「執行職務因他人行為遭受身體或精神不法侵害之範圍，指勞工因執行職務，於勞動場所遭受雇主、主管、同事、服務對象或其他第三方之不法侵害行為，例如職場暴力或性騷擾等」之描述。
近年來，職場霸凌案件有增加之趨勢。我國法院於職場霸凌之判斷上，各有各的不同標準，未見統一。本文將透過比較法之研究，嘗試建構出職場霸凌應有之定義與判斷基準，並呼籲應盡速將職場霸凌之定義與判斷基準法制化，以利各機關依循。

As a problem that is increasingly gaining attention, workplace bullying involves human dignity, mental and physical health, and workplace harmony, closely related to occupational safety and health. However, the current laws in our country do not provide a definitive regulation regarding workplace bullying. In terms of legislation, the closest related are the provisions under Article 6, Paragraph 2, Subparagraph 3 of the Occupational Safety and Health Act, and the guidelines on“prevention of unlawful infringement due to others’actions during the performance of duties,”which describe situations where workers, in the execution of their duties at the workplace, suffer physical or psychological unlawful infringement by employers, supervisors, colleagues, service recipients, or other third parties, such as workplace violence or sexual harassment.
In recent years, there has been a rising trend in workplace bullying cases. The standards used by courts in Taiwan to determine workplace bullying vary and are not unified. This paper, through comparative legal research, attempts to construct a proper definition of workplace bullying as well as a comprehensive set of criteria for its assessment. It further calls for the urgent legal formalization of these definitions and criteria to ensure consistent application by all relevant authorities.