Question from a reader:
I have a consultation regarding the crime of intimidation in the workplace. My husband is the manager of a restaurant, and there is an employee at his workplace who is causing problems. This employee repeatedly makes the same mistakes, such as moving fixed items without permission, not following instructions in order, and often acting with the wrong
priorities. My husband has been reprimanding this employee almost daily, but recently, the employee disposed of an umbrella that was left behind, which led to an angry employee asking my husband to address the issue. When my husband emotionally scolded the employee a bit loudly, he later received threatening messages on LINE saying, “I will stab you.” The employee claims that he is disabled and wants more tolerance, and it seems he felt that the usual reprimands were power harassment. He has also mentioned that he has thought about stabbing someone multiple times, but he actually joined the company through regular mid-career hiring, not as a disabled employee. In this situation, can we take a screenshot of the LINE messages and file a report? I am also worried that something like the Kyoto Animation incident might happen. I want to avoid any harm coming to my husband. It seems he has reported this to the head office and the manager, but no action has been taken, and the problem is being left unresolved. I feel that we need to do something about it ourselves. Is there a possibility that filing a report will improve the situation? I would appreciate any advice on what the most effective response would be. Thank you very much.
Introduction
Intimidation in the workplace is a very serious issue that greatly impacts the mental health and safety of the victim. In customer service industries like the food and beverage sector, communication among employees is crucial, making it prone to troubles. This consultation needs to be analyzed from multiple perspectives, including legal aspects, psychological factors, ethical considerations, and industry regulations. Practical advice will be provided based on specific cases.
Legal Background
The crime of intimidation falls under “intimidating a person” in Japanese criminal law and can lead to penalties. Specifically, according to Article 222 of the Penal Code, actions that instill fear in others through intimidation are classified as intimidation. The message sent via LINE saying “I will stab you” is clearly threatening and likely poses a legal issue. Filing a report is an effective legal measure. If the report is accepted, the police will conduct an investigation, and if necessary, a criminal investigation will begin. Screenshots are valid evidence, as they clearly show the date and content, making them highly credible. However, filing a report does not necessarily guarantee that the situation will improve. The other party may hesitate to take legal action due to their disability. If legal measures are necessary, it is recommended to consult a specialized lawyer.
Psychological Aspects
Psychological safety in the workplace significantly affects employee performance and communication. The fear and stress felt by the employee as a result of my husband’s reprimand may have led to the threatening behavior. Such actions can manifest as a part of psychological instability or self-defense. Communication with employees who have disabilities requires extra caution. While consideration is necessary, if the reprimand is based on legitimate reasons, the other party should accept it. Therefore, when my husband reprimands, it is desirable to do so calmly and without emotion, along with specific points of feedback. For example, instead of saying, “You couldn’t do this,” it would be more effective to say, “This is necessary for the progress of this task, and I would like you to do it this way next time.” This approach to correcting behavior positively influences how the other party receives the feedback and helps avoid psychological conflict.
Ethical Considerations
The ethical aspects in the workplace cannot be overlooked. If the workplace environment deteriorates, it can negatively affect other employees, potentially leading to a decline in overall business operations. Particularly if intimidating situations persist, other employees may feel fear, making it difficult to carry out their duties smoothly. If my husband has reported this to the head office and the manager but no action has been taken, the responsibility of the management should be questioned. Ensuring employee safety and maintaining a healthy workplace environment is an ethical responsibility of management. Additionally, providing appropriate consideration and support to employees with disabilities is necessary to create a better workplace environment.
Industry Regulations and Contract Law
In the food and beverage industry, labor standards and labor contract laws apply. These laws are designed to protect the rights of workers and provide a legal foundation to prevent harassment and intimidation in the workplace. Under labor contracts, employers have a responsibility to ensure the safety of their workers. Furthermore, laws regarding power harassment are increasing, necessitating a strict stance against inappropriate behavior in the workplace. Specifically, it is required to provide appropriate guidance and warnings to create a work environment conducive to employee well-being. As a specific measure, it is important to raise awareness about power harassment and harassment through in-house training. Education and awareness are essential for employees to improve communication.
Practical Advice
When faced with such issues, it is important to consider the following specific response measures: 1. Keep records: Always save threatening messages, clearly noting the date and content. Screenshots or email records will be useful for any future legal proceedings. 2. Consult experts: Seek advice from lawyers or specialists knowledgeable about labor issues to consider specific legal actions. Especially when consideration for disabilities is needed, professional advice can be beneficial. 3. Promote dialogue in the workplace: It is also important to communicate with the employee causing the problem. Through calm and constructive dialogue, there is an opportunity to understand the other party’s intentions and emotions and resolve misunderstandings. 4. Report again to the head office or manager: If the situation does not improve, report the issue again and request specific improvement measures. Consider reporting to external agencies if necessary. 5. Seek mental health support: My husband may also be affected mentally, so it may be worth considering professional counseling if needed.
Summary and Practical Initiatives
Intimidation in the workplace is a serious issue that requires appropriate responses from legal, psychological, and ethical perspectives. It is important to build a suitable workplace environment by taking legal actions while also considering psychological aspects and ethical responsibilities. To protect employee safety and mental health, prompt responses from the company and a shift in awareness among all employees are required. I hope this advice is meaningful for those facing such situations. I expect everyone to actively engage in improving the workplace environment. Additionally, I welcome opinions and experiences from readers.
