I'm a product designer and report new product designs to the team leader. However, the team leader repeatedly asks me to change the design because he says that it does not fit with the new product concept. I have to work until 10 p.m. because of the workload, and have a lot of stress. Is this workplace harassment?
Workplace harassment has recently been legislated in the Labor Standards Act, so if workplace harassment happens, the targeted person(s) can be protected under the law. However, workplace harassment must be legally recognized for an alleged target to be protected as explained in Article 76-2 of the Labor Standards Act.
Workplace harassment refers to an act, ① by an employer or an employee, ② who uses his or her superior position or relations in the workplace, ③ the act exceeds occupationally bearable limits ④ and inflicts physical or mental suffering on other employees or deteriorates the work environment. These four requirements must be met for an action to be recognized as workplace harassment.
According to your statements, it seems you disagree with your superior requesting repeatedly for you to change new product designs. The actor is the design team leader and the place of action seems to be the office, so it is determined that two requirements are satisfied.
Based on what you have said, the design team leader used his position to order the work, so the team leader used his superiority in position or relations in the workplace. However, it is judged that it has not exceeded occupationally bearable limits. The reason is that ① it is necessary for the team leader to encourage and instruct the team members to improve new product designs, and ② it is difficult to say that it is beyond the socially-recognized norms of occupationally bearable limits because there is no threatening attitude such as swearing or shouting. Even if the team member is stressed, the act would not be easily recognized as workplace harassment.
However, if the team leader continuously and repeatedly gives inappropriate work instructions without justifiable reason, possibility would exist for it to be determined workplace harassment.