The nature of the conduct determines the law. Sexual demands or sex- or gender-related conduct may be workplace sexual harassment if it creates a hostile, intimidating or offensive environment or becomes an employment condition. Workplace bullying concerns misuse of a work or power relationship beyond necessary and reasonable business scope, with ongoing improper conduct harming physical or mental health; a serious incident need not recur. Both can be present. The employer must follow each procedure and, based on the complainant's wishes, coordinate interviews to avoid repeated questioning (Workplace Bullying Prevention Measures Regulations, Art. 27).
The two definitions
Workplace bullying: Under Occupational Safety and Health Act Article 22-1(1), a worker performing duties at a workplace suffers physical or mental health harm because an organization member uses a work or power relationship to engage, beyond necessary and reasonable business scope, in ongoing offensive, threatening, excluding, isolating, insulting or other improper words or acts. A serious incident need not recur.
Workplace sexual harassment: Gender Equality in Employment Act Article 12(1) describes two types:
- Hostile environment: While an employee works, anyone makes sexual demands or uses sexually suggestive or gender-discriminatory words or conduct that creates a hostile, intimidating or offensive work environment, interfering with dignity, personal freedom or work performance.
- Quid pro quo: An employer expressly or implicitly makes sexual demands or uses such words or conduct toward an employee or applicant as a condition of hiring, continued employment, assignment, pay, evaluation, promotion, demotion, reward or discipline.
The assessment considers context, work environment, relationships, words, conduct and the affected person's perception (Art. 12(4)). Except for campus cases under the Gender Equity Education Act, workplace sexual harassment is handled under the Gender Equality in Employment Act (Art. 1(2)).
Side-by-side comparison
| Issue | Workplace bullying | Workplace sexual harassment |
|---|---|---|
| Main law | Occupational Safety and Health Act, Arts. 22-1–22-3; Workplace Bullying Prevention Measures Regulations | Gender Equality in Employment Act, Arts. 12, 13 and 32-1; Workplace Sexual Harassment Prevention Measures Regulations |
| Person involved | An organization member using a work or power relationship | Anyone for a hostile environment; an employer for the exchange-condition type |
| Conduct | Improper offensive, threatening, excluding, isolating or insulting conduct; no sex or gender element in the definition | Sexual demands or sexually suggestive or gender-discriminatory words or conduct |
| Direct complaint to local authority | If the respondent is the organization's most senior person in charge (Occupational Safety and Health Act, Art. 22-3(1)) | If the respondent is the organization's most senior person in charge or the employer, the employer fails to act, or the complainant contests the investigation or discipline result (Gender Equality in Employment Act, Art. 32-1(1)) |
| Period for local-authority complaint | Three years after conduct ends; if the worker was employed during the incident, one year after leaving if longer (Art. 22-3(2)) | Without abuse of power: two years after learning and five years after conduct ends. With abuse of power: three and seven years respectively; special cases also apply (Art. 32-1(2)–(3)) |
| Employer decision period | Under 30 workers: three months; 30–99: four months, each extendable by one month. For 100+, use Regulations Arts. 17–18 | Complete within two months from the day after receipt, extendable by one month where needed (Sexual Harassment Regulations, Art. 18(1)) |
| Reporting | Register within seven working days from the day after acceptance (Regulations, Art. 11) | Notify the local authority on receiving a complaint and, if substantiated, of the result (Gender Equality in Employment Act, Art. 13(4)) |
| No retaliation | Regulations, Art. 20; Occupational Safety and Health Act, Art. 39(4) | Gender Equality in Employment Act, Art. 36 |
When both may apply
Regulations Article 27 directs an employer handling a bullying complaint that also involves workplace sexual harassment to follow each set of procedures. In line with the complainant's wishes and the complaint's content, the employer must combine interviews or factual clarification and avoid asking the same questions repeatedly.
A similar rule applies when the organization's most senior person in charge is reported to the local authority (Local Authority Complaint Rules, Art. 19).
The separate composition, deadline and reporting requirements still apply. Coordinating interviews reduces repeated retelling; it does not erase either procedure.
How to describe your complaint
- List each event by date, person, place, witnesses and specific words or acts.
- Describe sex- or gender-related words or conduct precisely instead of calling everything “bullying.”
- Say whether you want coordinated interviews and what protective or separation measures you prefer (Bullying Regulations, Art. 7(1)(1); Sexual Harassment Regulations, Art. 6(2)(1)).
- File early: the two sets of time periods begin differently.
The criminal-law distinction
Unwanted kissing, embracing or touching of intimate areas where the person cannot resist in time may separately implicate Sexual Harassment Prevention Act Article 25. That is a complaint-only offense; workplace cases can also fall under it via Gender Equality in Employment Act Article 38-4. See what to do after sexual harassment for the complaint period and route.
The workplace safety law imposes administrative fines for certain bullying-related violations by employers or by an organization's most senior person in charge (Arts. 43, 45–46). Whether particular conduct also amounts to public insult, defamation or criminal intimidation under Criminal Code Articles 309, 310 or 305 requires a separate assessment. See when bullying may become a criminal case. For a complaint-only crime, a criminal complaint must generally be filed within six months after learning the offender's identity (Code of Criminal Procedure, Art. 237(1)).
This page provides general information, not individual legal advice.