None

Workplace bullying experienced by a research and development substitute serviceman at Systex Information

What is workplace bullying? It is introduced on the Ministry of Labor's website:

(https://wlb.mol.gov.tw/page/Content.aspx?id=116)

The serviceman experienced the following at Systex:

1. The supervisor maliciously assigned no work-related tasks at all, while requiring a daily work report.

2. The supervisor abused their authority to impose disciplinary action. The employee's name was written incorrectly on the warning letter, and although the serviceman clearly expressed disagreement on the warning letter, the company imposed disciplinary action without giving him any opportunity to submit a defense, and did not notify him afterward.

3. The supervisor maliciously refused to approve leave, apparently attempting to create the appearance that the serviceman was absent without leave. Audio recordings are available as evidence.

The Labor Affairs Bureau conducted an inspection on March 30 this year and found that the company had violated the law (the Regulations for Occupational Safety and Health Facilities). However, because the serviceman was in the second phase of the R&D Substitute Services program, the Labor Standards Act could not be applied, and the Labor Affairs Bureau could not intervene in his individual case. In other words, the labor rights of R&D substitute servicemen in the second phase are not protected.

Note: R&D substitute servicemen must spend approximately three years at the company. The first year after joining the company is the second phase, and the following two years are the third phase.

I would like to discuss the shortcomings of the regulations governing substitute service.

I believe that when the legislation was enacted, consideration was given to the fact that R&D substitute servicemen are substantively in an employment relationship with the company, and that labor disputes should appropriately be handled by the Labor Affairs Bureau. This is presumably why it states that the Labor Standards Act applies during the third phase. The frequently asked questions on the R&D Substitute Services website also explain the rights and remedies available to servicemen during the third phase: “If it is a labor dispute, the authority responsible for handling the matter is the labor administration authority, which shall proceed in accordance with the relevant procedures under the Labor Standards Act.” However, although servicemen in the second phase are also substantively in an employment relationship with the company, there is no applicable legal framework for them. I personally find this unreasonable.

Finally, I would like to explain what happened after the serviceman was approved for release. The supervisor began assigning a large number of work-related tasks and frequently used a mobile phone to photograph the serviceman. Because he needed to look for a job during the transfer period, the National Conscription Agency communicated with the company’s human resources department. HR emailed the supervisor, asking him to cooperate by approving the serviceman’s leave, without requiring him to state a reason. However, even after the leave was approved, the serviceman’s direct supervisor still emailed saying that the serviceman had not informed him. Interestingly, the email did not copy the HR employee who had been notified that the leave should be approved. In addition, the company and the serviceman had a contract specifying his salary, but after being notified of the violation, the company failed to pay the allowance owed to the serviceman.

The above describes what the serviceman experienced. I do not want to unfairly generalize about this company, but the two supervisors who bullied the serviceman are still working there. Anyone considering employment at this company should think carefully.