Research On Legal Regulation Of Workplace Bullying

The issue of bullying in the workplace has a long history,and many countries have discussed and researched this issue and gotten a lot of results.Firstly,scholars have a better understanding of the definition of this behavior.Implemented at the judicial level,the legal definitions of different countries vary greatly due to their different judicial systems,but they basically involve the "repetitive" and "discriminatory" characteristics of bullying into the definitions."Deteriorating the work environment" as a special manifestation of workplace bullying has also been incorporated into the legal definitions of many countries.Secondly,according to the classification of workplace bullying behaviors,many countries have also shown different classification ideas,but they can basically be determined that bullying focuses on behaviors that attack the personal dignity of workers.These bullies can cause serious harm to both the victim and the employer.Of course,in order to accurately regulate workplace bullying,distinguishing workplace bullying from workplace stress and workplace sexual harassment should also be on the agenda.After years of practice,many countries have demonstrated various feasible theories and ideas for regulating workplace bullying.In terms of theory,the protection of personality rights,anti-discrimination theory,and employers' protection and care obligations all provide methodological guidance for the specific implementation of legal regulations and establish the regulatory framework of various countries.Discussions on regulatory models have focused on decentralized and unified regulatory models.The high flexibility of the common law countries makes the decentralized regulatory model full of vitality,and the systemic nature of the civil law countries has also been fully demonstrated in the unified regulatory model.Depending on the nature of the civil law countries,the unified regulatory model can also be subdivided into general regulatory models and special regulatory models.China lacks attention to the issue of workplace bullying,so there are a lot of deficiencies in terms of legal regulation.However,China's existing legal norms are not all useless.At the level of perpetrator responsibility,China's criminal law,civil law,administrative law,and labor law all provide legal basis for regulating workplace bullying.Of course,due to lack of awareness of the problem,workplace bullying cannot be precisely regulated.At the level of employer liability,the discussion of liability for breach of contract,liability for torts,and liability for compensation for occupational hazards also provides some ideas for the improvement of subsequent rules.Providing comprehensive relief channels is an important part of protecting workers.As a civil law country,it is appropriate for China to focus on a unified regulatory model.France and Germany,as representatives of the special regulatory models and general regulatory models,can provide a more grounded reference for China's relief practice.In the specific measures to deal with workplace bullying,France has both criminal law and civil law participation.At the same time,the joint operation of different subjects provides systematic support for the solution of bullying.The inversion of burden of proof and the establishment of immunity provide procedural support for workers' protection.Germany has systematically regulated workplace bullying through the provisions of its Civil Code.It offers a wide range of remedies,including injunctions,contract liability relief,tort liability relief,retention rights,internal reporting,constructive dismissal,and more.However,at the procedural level,its general legal model lacks precise procedural rules,which makes workers' lawsuits more difficult.In the process of regulating bullying in the workplace,our country should not only play the role of existing judicial resources,but also broaden workers' remedies and introduce multiple subjects to jointly regulate the problem,rather than confining it to the judiciary area.By means of explanation,the connotation of the principled provisions is clarified,so that it can clearly cover the problem of workplace bullying.For procedural issues,more consideration is given to the disadvantaged position of the workers,and they are inclined to protecting workers' rights.Finally,enterprises,labor unions,labor inspections,etc.should be mobilized to jointly deal with the issue of workplace bullying,work both internally and externally to solve the problem of bullying in the workplace,create a harmonious and stable working environment for the workers,and protect the workers.