Case Review

Recently, the news that the boss lost 159800 yuan to employees for saying a rolling word has sparked heated discussions. The fact is that when an employee had a dispute with the boss during a meeting, the boss told the employee to "get out". Later, the employee did not return to work, and the company unilaterally terminated the labor contract on the grounds of absenteeism. After labor arbitration, first instance, and second instance, the second instance court finally ruled that the company illegally terminated the labor contract and should pay compensation of 159800 yuan to the employee.

Lawyer analysis

Have you ever heard phrases like 'roll' and 'are you a pig? You can't do this well' in the workplace? In traditional beliefs, subordinates should obey the arrangements of their leaders, whether reasonable or unreasonable, and also endure violent language from their leaders, which are essentially manifestations of 'workplace violence'. Due to the fact that workplace violence has not yet risen to a specific legal concept in China, it can be understood from the following aspects:

1、 What is workplace violence

The International Labour Organization Convention No. 190 on the Elimination of Violence and Harassment in the World of Work defines "violence and harassment" as a series of unacceptable acts and practices or threats aimed at causing, resulting in, or likely to cause physical, psychological, sexual, or economic harm, whether they occur only once or repeatedly, and includes gender based violence and harassment. Based on this, we believe that workplace violence refers to acts of aggression committed by individuals or groups against others in the workplace, manifested in the form of words, actions, attitudes, etc. These behaviors may have negative impacts on individuals' physical and mental health, career development, and work environment.

2、 How to identify workplace violence

Workplace violence manifests in various forms, such as (1) violent personal attacks; (2) Psychological attacks such as verbal abuse and insults; (3) Disregarding or rejecting; (4) Deliver impossible work tasks; (5) Not assigning work or assigning work that does not match one's own abilities; (6) Excessive interference with others' privacy. According to the difficulty level of recognition, it can be divided into explicit workplace violence and implicit workplace violence, commonly known as soft violence. Explicit workplace violence includes assaulting employees, burning their bodies with cigarette butts, and using obviously insulting language. Implicit workplace violence includes leaders contacting employees to "check" their work during commuting hours, excluding employees from group or important email communication, giving employees low job evaluations, undermining their confidence, and making employees work as office nannies.

In addition to identifying the manifestations of workplace violence, employers and workers should pay attention to the similarity between workplace violence and sexual harassment, that is, the subjective feelings of the perpetrator have a significant impact on the determination of the nature of the behavior. If the victim of violence feels offended, underestimated, isolated, threatened, anxious, suppressed, or other negative emotions due to the behavior, it is highly likely to be recognized as workplace violence.

3、 How employers and workers respond to workplace violence

It is a fundamental human right for workers to work in a safe environment and be free from violence. Employers should take active measures to prevent, resist, and punish workplace violence. If an employer fails to act passively, they may face the risk of being sued for personal injury compensation by the employee or being required to pay economic compensation or damages by the employee. Employers can respond to workplace violence from the following aspects: (1) formulating and implementing regulations and measures to prevent, combat, and punish workplace violence; (2) Ensure that victims of violence have access to remedies and support; (3) Provide guidance, education, and training on workplace violence to workers.

When workers discover that they have experienced workplace violence, they can respond in the following ways: (1) collect evidence, retain written evidence or audio and video files; (2) Seek help from colleagues, leaders, and the company to report perpetrators of workplace violence to the company; (3) Protect oneself through legal means such as reporting to the public security organs, applying for labor arbitration and litigation, and filing lawsuits against those who commit workplace violence.