Can anyone point me to any laws in Taiwan that deal specifically with how an employer can deal with people who maliciously gossip at work? Or provide any advice?
My company is firstly looking to appeal to the conscience of employees by highlighting the effects that their behavior might have, and secondly, should the appeal to conscience not work, is looking to how to deal with those responsible through disciplinary procedures. We generally give three warnings for serious issues and then release the employee.
By âmaliciously gossipâ, I include, but do not limit the definition to:
Attempting to harm the reputation of another employee by voicing their personal opinion of said employee to other staff
Attempting to interfere with the prospects of a successful interviewee by discussing the interviewee with other staff in order to get the interviewee relocated
I would appreciate anyoneâs advice on how to deal with this, as there are a couple of staff members who are causing related problems.
Haters gonna hate.
But are you sure those people are gossiping?
What proof do you have? And if you can get âproofâ, how can you prove intent? What if youâre reading the situation all wong? What if theyâre not talking with malicious intent? What if theyâre just a bunch of bored people who have nothing interesting to talk about?
Thereâs probably no rule against gossiping, but I do believe there are rules against slander.
Well this is the issue. Proof. All I have is multiple reports that some staff are talking negatively about other members off staff (this includes name-calling and dissing their performance (their performance is fine)). I doubt there is anything I can do with that unless I hear it for myself. And even if that happens, and I report it to my director, is that just hearsay?
Both foreign and local staff members have reported this kind of gossip, and itâs giving the foreign staff a negative image. The members of staff affected have very low morale right now. I think the only thing I can do is an appeal to conscience, but if I hear people having a go at other staff first hand, and without coming to me as per our grievance procedure, what can I do from there? I am looking into whether it is legal to caution staff for something like this. I am no expert on law, so this is going to take some time.
You can find slander etc. in the Criminal Code (Art. 309 to 314) and the Civil Code (Art. 195).
Name calling may in some cases constitute sexual harassment. Employers are subject to the Sexual Harassment Prevention Act and its subsidiary regulations.
Typically in the work rules (the formal rules approved by the local labor department) you have at least one clause about good behavior in general, if not more specific rules like what you probably already have at your company, but check the fine print.
If you suspect anyone of illegal activity, my advice is to consult a lawyer.
Youâve obviously never had to manage a team of cats in a sack. One or two toxic employees can literally bring a small business to its knees; conversely, a team of people who get on well together can achieve some pretty impressive things.
Frankly, Iâd say the legal route is not the way to go (just to be clear, I donât mean you should do something illegal, I mean thereâs not much point quoting chapter and verse of the Law).
Itâs not the Taiwanese way of doing things, but Iâd be inclined to just have a quiet word with those concerned - not a formal disciplinary meeting - and tell them plainly that it needs to stop, now, today, or you will be forced to take it to upper management. They donât know you have no hard evidence. Bullies, whatever their nationality, do tend to stop playing silly buggers if someone calls their bluff.
Thank you for all the replies. Problem has been solved. For now. An appeal to conscience did the trick. I am glad it did not have to go the other route.
