The Problems of Power Harassment in the Workplace

Abstract

          This research article aims to study workplace harassment, which is characterized by continuous and systematic behavior involving the misuse of power or influence to cause psychological or social harm to employees or subordinates within an organization. Such conduct negatively affects the right to work in a safe and dignified environment, in accordance with human rights principles. The article analyzes legal issues related to the prevention and suppression of workplace harassment by comparing Thai laws with foreign legislation that explicitly addresses power harassment or workplace bullying, such as in Japan, where specific laws provide clear definitions, scope, and more effective enforcement mechanisms. The findings reveal that, although Thailand has relevant legal provisions—such as Section 397 of the Criminal Code and the Labor Protection Act B.E. 2541 (1998)—practical enforcement remains limited. Challenges include a lack of clarity in defining the offense, difficulties in proving psychological harm, and insufficiently independent complaint mechanisms. Therefore, the study proposes legal reforms in Thailand, such as enacting specific legislation, amending existing labor or criminal laws, or establishing independent and fair complaint and redress mechanisms. These measures aim to promote labor rights and foster an organizational culture free from the abuse of power.