Although the term “workplace bullying” is widely recognized by the public, there has never been a clear definition of this concept in the relevant labor laws and regulations of Taiwan. While the literal meaning suggests that workplace bullying should encompass various inappropriate words and actions related to the performance of duties, however, due to the absence of an explicit legal definition, the determination of whether workplace bullying has occurred would rely on the standards created by court and the case-by-case adjudication.
Pursuant to Subparagraph 3, Paragraph 2, Article 6 of the Occupational Safety and Health Act (the “OSHA”), employers are required to properly plan and adopt necessary safety and health measures to prevent “unlawful physical or mental harm suffered by employees in the course of performing their duties due to the actions of others.” In accordance with Paragraph 3, Article 6 of the OSHA, the Ministry of Labor has promulgated the Occupational Safety and Health Facilities Regulations and further formulated the “Guidelines for the Prevention of Unlawful Infringement in the Course of Performing Duties” (the “Prevention Guidelines”) to provide employers with reference and compliance in fulfilling their statutory obligations under Subparagraph 3, Paragraph 2, Article 6 of the OSHA. Although previous versions of the Prevention Guidelines provided employers with frameworks for planning and implementing measures to prevent unlawful infringement in the workplace, they lacked a concrete definition of workplace bullying and were somewhat insufficient in guiding employers on the practical handling of individual cases. Therefore, on February 21, 2025, the Ministry of Labor updated the Prevention Guidelines to the fourth edition, supplementing and adjusting the aforementioned content. Specifically, the updates in the fourth edition of the Prevention Guidelines include the following:
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