Newsletter
Legislative Updates and Prospects Concerning Workplace Bullying
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:
1. The behavioral connotation of workplace bullying is concretized and defined as: “A situation where, in the course of performing duties at the workplace, an employee is subjected to persistent acts of offense, threat, exclusion, isolation, or insult by colleagues, supervisors, or subordinates, through abuse of position, power, or unfair treatment, resulting in the victimized employee feeling frustrated, threatened, humiliated, isolated, or hurt, thereby endangering their physical or mental health or safety.”
2. Employers may seek external professional opinions to assist in the investigation of workplace bullying complaints and, when necessary, adjust the positions or departments of the complainant and the respondent.
3. Upon receipt of a complaint, an investigation team should be formed within three days. Where the number of employees is fewer than 30, the investigation team may consist of one representative each from the employer and the employees. Where the number of employees is 30 or more, the investigation team must have at least three members; for 100 or more employees, at least two external professionals (preferably with legal, medical, or psychological backgrounds) must be included. Meetings of the investigation team require the attendance of more than half of all members, including more than half of the external professionals. The investigation process should be completed within two months, with a possible extension of one month if necessary.
4. It must be ensured that the complainant and related personnel do not suffer adverse treatment as a result of filing a complaint.
In addition to the aforementioned update to the Prevention Guidelines, the Ministry of Labor, in order to further improve the legal framework for handling workplace bullying and to clarify relevant provisions, announced on March 28, 2025, a draft amendment to the OSHA, proposing the addition of a dedicated chapter on the prevention of workplace bullying (i.e., draft Articles 22-1, 22-2, and 22-3 of the OSHA). The key points of this draft amendment include:
1. Defining workplace bullying as: “Where, in the course of performing duties at the workplace, an employee is subjected to persistent words or actions of offense, threat, exclusion, isolation, or insult by personnel of the business entity, through abuse of position or power, beyond the necessary and reasonable scope of business operations, resulting in harm to the employee’s physical or mental health. However, where the circumstances are serious, persistence of making the aforementioned words or actions is not required (for constituting workplace bullying).” This aims to resolve the previous lack of clarity in the definition.
2. Where the number of employees is 10 or more, a channel for filing workplace bullying complaints must be established and publicly proclaimed at the workplace. Where the number of employees is 30 or more, measures for the prevention of workplace bullying, as well as complaint and disciplinary procedures, must be established and publicly proclaimed at the workplace.
3. Employers are required, upon becoming aware of a workplace bullying incident, to take immediate and effective appropriate measures, such as measures to prevent recurrence, assistance and protection for the complainant, investigation, disciplinary action, and follow-up handling.
4. Employees who experience workplace bullying should file a complaint with the employer. However, if the respondent is the highest responsible person, the employee may, within three years from the cessation of the bullying conduct or within one year from resignation (whichever is longer), file a complaint with the local competent authority.
5. The draft amendment authorizes the enactment of subordinate regulations regarding internal workplace bullying prevention measures, complaint channels, investigation and handling procedures, the proportion of external expert members, notification mechanisms, and measures to provide assistance and protection to complainants.
6. Establishment of external complaint, investigation, and handling mechanisms.
It is evident from the new version of the Prevention Guidelines and the draft amendment to the OSHA that the Ministry of Labor has, in its legal framework for handling workplace bullying, substantially referenced the relevant provisions of the Gender Equality in Employment Act and the Guidelines for the Prevention of Sexual Harassment in the Workplace. Although the draft amendment to the OSHA is still at the public consultation stage and has not yet been enacted, the Prevention Guidelines have already been announced by the Ministry of Labor. Employers, when handling cases of workplace bullying or other unlawful infringement, may refer to the guidance set forth in the Prevention Guidelines to appropriately adjust their internal safety and health management regulations, thereby ensuring compliance with their statutory obligations under Subparagraph 3, Paragraph 2, Article 6 of the OSH Act and safeguarding the physical and mental well-being of their employees.