What Count as Workplace Bullying and Strict Management in Malaysia?

Where does constructive criticism end and personal insult begin?

For some employees, a harsh comment from a manager is treated as something to accept rather than question. The unspoken rule can feel like:

The senior is talking, so don’t talk back.”

A manager saying, “Your work does not meet the required standard” may simply be managing performance.

Saying, “You’re useless and everyone here knows it” in front of the team is much harder to describe as constructive criticism.

So where does Malaysian law actually draw the line between a difficult boss, workplace bullying and conduct serious enough to create legal consequences? Let’s talk about it.

What Is Workplace Bullying in Malaysia?

Workplace bullying refers to repeated or serious behaviour that intimidates, humiliates, undermines, isolates or harms another person at work.

It can involve obvious conduct such as threats and verbal abuse, but subtler behaviour can also matter.

Examples may include:

• Repeated personal insults.
• Public humiliation.
• Intimidating messages.
• Deliberately isolating an employee.
• Spreading damaging rumours.
• Constantly targeting one worker for criticism.
• Deliberately withholding information needed to perform a job. (Also common)

Malaysia’s Department of Occupational Safety and Health specifically identifies bullying, harassment and discrimination among psychosocial hazards that can arise at work.

Its Guidelines on Psychosocial Risk Assessment and Management at the Workplace 2024 also address issues such as excessive workloads, poor communication, unclear responsibilities and inadequate management support.

A 2019 peer-reviewed study, based on a self-reported survey conducted in 2017 among 5,235 Malaysian employees from 47 participating organisations, found that 39.1% reported having experienced workplace bullying at some point.

Is Workplace Bullying Illegal in Malaysia?

There is no rule stating that every act described as workplace bullying automatically creates an employment-law claim, but several Malaysian laws can apply to serious conduct.

The legal position became more significant on 11 July 2025, when amendments introducing Sections 507B to 507G of the Penal Code came into force.

Section 507B covers threatening, abusive or insulting words, communications or acts where the person intends, knows or ought to know they are likely to cause harassment, distress, fear or alarm.

The maximum penalty under Section 507B is imprisonment for up to three years, a fine, or both.

Section 507C also addresses threatening, abusive or insulting conduct perceived by someone likely to feel harassed, distressed, fearful or alarmed, subject to the wording and defences contained in the provision.

This does not mean a manager commits a criminal offence every time they criticise an employee.

Context, the words or acts involved, intention, surrounding circumstances and the elements of the particular offence still matter.

What Counts as Strict but Lawful Management?

Managers remain entitled to manage performance, attendance, discipline, productivity and workplace standards.

An employee does not gain legal protection from ordinary criticism simply because the conversation was uncomfortable.

A manager may generally have legitimate reasons to:

• Set performance targets.
• Review and correct work.
• Monitor attendance.
• Set reasonable deadlines.
• Investigate misconduct.
• Issue warnings or performance improvement measures.

Imagine a scenario where an employee who repeatedly submits reports late.

Their manager calls a private meeting, identifies the missed deadlines, explains the required standard and introduces a 60-day improvement plan with measurable targets.

The employee might dislike it, but that looks much more like performance management than bullying.

Good management does not have to be comfortable but as long it’s connected to legitimate workplace objectives, then it’s alright.

When Can Strict Management Become Workplace Bullying?

The line becomes more difficult when criticism stops addressing the work and begins attacking, intimidating or deliberately undermining the person.

Often, this is where the lines blur but so let’s have a simple comparison table.

There are four questions help separate legitimate management from potential bullying.

Is There a Genuine Business Reason?

Asking for a report by Friday because a client requires it has an obvious work-related purpose.

Giving one employee five days of work and demanding it by tomorrow specifically “to teach them a lesson” is not.

Is the Response Proportionate?

A serious mistake may justify disciplinary action.

Shouting personal insults across the office because of a minor typo serves a very different purpose.

Is the Employee Being Treated Consistently?

Suppose five workers commit the same mistake.

Four receive private feedback while one is repeatedly shouted at, publicly embarrassed and threatened with dismissal.

If there is disproportionate punishment, that’s a red flag.

Is the Criticism About Work or the Person?

Strict Management: “Your calculations are incorrect. Please check figures 4 to 10 again.”

Bullying: “You don’t have a brain is it? How could you get these calculations wrong? Fail maths at SPM ah?”

One addresses work, the other attacks the individual.

Can Shouting or Humiliating an Employee Count as Bullying?

A raised voice during one heated meeting will not automatically establish workplace bullying. Friction is common and sometimes colleagues may get heated.

That said, let’s look at the gray zones.

Scenario A: A manager loses their temper during a stressful meeting, raises their voice once, later apologises and does not repeat the behaviour.

Scenario B: A manager regularly calls the same employee incompetent during team meetings, mocks their appearance and posts insulting comments about them in work chats.

Scenario B creates more serious concerns.

Since the 2025 Penal Code amendments, serious threatening, abusive or insulting behaviour may also need to be considered in light of Sections 507B and 507C.

Managers should therefore avoid assuming that abusive communication is protected simply because it happened during a workplace disagreement. That’s not legal immunity.

Can Unrealistic KPIs or Workloads Be Workplace Bullying?

A difficult target is not automatically bullying, but deliberately impossible workloads used to punish, humiliate or force someone out can be more problematic.

Targets regularly differ across employees because responsibilities, seniority and business conditions differ.

Because it’s such a context-heavy situation, let’s talk about:

• Is the target realistically achievable?
• Is there a legitimate business reason?
• Are comparable employees held to similar expectations?
• Is management trying to improve performance or manufacture failure?

While an ambitious KPI can be management, a target designed so that an employee cannot possibly succeed can raise a different set of questions.

“If you feel you have unreasonable workloads, ask your colleagues and see if everyone is facing the same hurdle. If you do, then collective action is the best choice.”

What If a Manager Singles Out One Employee?

A salesperson who consistently misses targets may legitimately receive more supervision than the team’s strongest performer.

But problems arise when the difference becomes difficult to explain.

For example, imagine an employee who complains about their manager during lunch, and unfortunately for them, the manager managed to overhear.

Immediately afterward:

• Their normal duties are removed.
• They stop receiving important meeting invitations.
• Their workload becomes unrealistic.
• Every minor error triggers an angry email copied to senior management.
• Colleagues are instructed not to involve them in projects.

If this happens, then it is workplace bullying.

Can Workplace Bullying Lead to Constructive Dismissal?

Constructive dismissal arises where an employer commits a sufficiently serious breach of the employment relationship and the employee resigns in response to that breach.

Malaysia applies what is commonly described as the contract test.

It’s a bit complex but basically:

“Was there a fundamental breach going to the root of the employment contract, or conduct showing that the employer no longer intended to be bound by it?”

Such situations can include:

• Serious victimisation.
• Deliberate humiliation.
• Unjustified demotion.
• Significant removal of responsibilities.
• Arbitrary reduction of contractual benefits.
• Threats intended to force resignation.
• Persistent harassment combined with employer inaction.
• Other serious contractual breaches.

Employees should also be cautious about simply resigning first and investigating later.

Under Section 20 of the Industrial Relations Act 1967, a worker who considers that they were dismissed without just cause or excuse may make a representation to the Director General of Industrial Relations.

The official Industrial Relations Department states that this representation must generally be made within 60 days of dismissal.

How Should Employees Document Possible Workplace Bullying?

Record specific events, as in have everything black and white. Its can be anything from word doc to sheets but regardless try to have:

• Date: 18 August 2026.
• Location: Weekly sales meeting.
• People Present: Sales director and six team members.
• Conduct: Manager called employee “useless” three times.
• Context: Discussion concerned a missed monthly sales target.
• Supporting Evidence: Meeting notes and follow-up Teams messages.
• Previous Incidents: Similar remarks on 5 and 12 August.
• Action Taken: Complaint submitted to HR on 19 August.

While it looks like a patient’s note appointment, it is helpful.

Keep all documents including emails, written warnings, performance reviews and complaint records. Specific evidence gives HR, investigators and legal advisers something they can assess.

Where Malaysian Employers Should Draw the Line on Workplace Bullying

Throughout this article, we didn’t elaborate on something we mention in the intro, which is hierarchy can make employees second-guess if they are experiencing bullying or simply expected to “respect seniority.”

Research frequently characterises Malaysian workplaces as relatively high in power distance, meaning authority differences between senior and junior employees tend to be more accepted than in low-hierarchy workplace cultures.

Or to put it bluntly:

• “Boss memang like that.”
• “Don’t make trouble.”
• “You’re junior, just listen.”
• “Everyone kena before.”
• “If you cannot tahan, resign lorh.”

These phrases are common here, yet at the end of the day seniority may explain why someone has authority, but it does not automatically justify humiliation, intimidation or abuse.

If you genuinely feel that you are being bullied at work, start by documenting what happened and raising the issue through your company’s HR or grievance process where appropriate.

You can also contact the Jabatan Tenaga Kerja Semenanjung Malaysia (JTKSM) or visit your nearest Labour Office for guidance on your employment rights and available complaint channels.

Important: This article by our PR agency provides general information only and is not legal advice. Employment and constructive-dismissal claims are highly fact-specific. Consider obtaining advice before resigning or taking formal legal action.

Sources

• Department of Occupational Safety and Health, Guidelines on Psychosocial Risk Assessment and Management at the Workplace 2024.
• Department of Occupational Safety and Health, Occupational Safety and Health Act 1994 [Act 514].
• Jabatan Tenaga Kerja Semenanjung Malaysia, Employment Act 1955.
• Department of Industrial Relations Malaysia, Section 20 dismissal representation guidance.
• Parliament of Malaysia, Penal Code amendments introducing Sections 507B to 507G.
• SME Corporation Malaysia, guidance on constructive dismissal circumstances.
• Istana Negara and Parliament of Malaysia, Anti-Bully Act 2026 and its institutional scope.

Frequently Asked Questions about Bullying vs Strict Management

What Is Considered Workplace Bullying in Malaysia?

Workplace bullying can include repeated humiliation, intimidation, personal insults, targeted isolation, threats or conduct deliberately designed to undermine an employee. The circumstances and pattern of behaviour are important.

Is It Illegal for a Boss to Shout at an Employee in Malaysia?

Not every raised voice is automatically unlawful. However, threatening, abusive or insulting conduct may raise employment, occupational safety or even Penal Code issues depending on its seriousness and circumstances.

Can My Employer Put Me on a Performance Improvement Plan?

Yes. A genuine performance improvement plan is generally a legitimate management tool. Concerns arise where unrealistic targets or disciplinary processes are deliberately designed to punish, humiliate or force an employee out.

How Do I Prove Workplace Bullying?

Keep specific records including dates, messages, witnesses, emails, performance documents and complaints submitted to HR. A documented pattern is generally more useful than simply describing the workplace as toxic.

Can Workplace Bullying Be Constructive Dismissal?

Potentially. Serious mistreatment may contribute to constructive dismissal where the employer’s conduct amounts to a fundamental breach of the employment relationship and the employee resigns because of that breach.

Do Employers Have to Prevent Workplace Bullying in Malaysia?

Employers have occupational safety and health duties, while DOSH guidance identifies bullying and harassment as psychosocial hazards employers should assess and manage.