In brief
Starting from 1 July 1, 2026, Taiwan’s labor law landscape will undergo a significant transformation. The newly added chapter on workplace bullying under the Occupational Safety and Health Act (OSHA) will formally take effect. In parallel, the Ministry of Labor has promulgated the Regulations on Workplace Bullying Prevention Measures (“Regulations”), and the Regulations Governing the Handling of Complaints of Workplace Bullying Involving the Highest Responsible Person by Local Competent Authorities.
The introduction of this framework marks a shift in Taiwan’s approach to workplace bullying, from a soft-law regime primarily based on administrative guidance to a formalized system with legally binding obligations.
Against this backdrop, workplace bullying has become a concrete compliance requirement. In the past, employers may have regarded allegations of workplace bullying as merely internal management issues or even dismissed them as unfounded employee complaints. However, under the new regime, failure to properly understand and handle such matters may not only expose employers to regulatory penalties but may also lead to civil liability and reputational damage. Notably, in practice, employees increasingly rely on workplace bullying claims when challenging management decisions, further heightening the risk that such mechanisms could be misused in employment disputes. Employers should therefore proactively establish and implement appropriate internal systems.
Key takeaways
Given that workplace bullying cases involve highly procedural requirements for investigation and handling, employers should pay particular attention to the following key points to avoid procedural deficiencies:
1. Employers should promptly establish (i) complaint filing channels and (ii) internal workplace bullying prevention measures, including pre-designed investigation procedures and the identification and contact details of external committee members, to ensure immediate response when cases arise.
2. Upon receiving a complaint, employers should consider the complainant’s willingness and adopt appropriate interim measures, such as separation, and must report the case to the competent labor authority within seven days.
3. Even if no formal complaint is filed, where the employer becomes aware of potential workplace bullying, or where the employee is unwilling to lodge a complaint, the employer still has a duty to investigate and ascertain the relevant facts.
4. If the complainant is willing to pursue internal mediation (between the parties), the employer may arrange internal mediation to facilitate communication and seek a mutually acceptable resolution; however, if mediation fails, the employer must proceed with a formal investigation.
Definition of workplace bullying
Under Article 22-1 of the OSHA, workplace bullying is defined as:
Conduct occurring in the workplace during the performance of duties, where a person within the same enterprise, by misuse of authority or position, exceeds what is necessary and reasonable for business purposes, and continuously engages in offensive, threatening, neglectful, isolating, insulting, or otherwise inappropriate language or behavior, thereby causing harm to the employee’s physical or mental health. However, in serious circumstances, continuity is not required.
In practice, however, distinguishing between “reasonable management” and “inappropriate conduct” can be challenging in the workplace, which cause concern to some managers. To address this, the competent authority has identified five key reference factors, including:
- Whether the conduct occurs in the workplace and is work-related
- Whether it involves personnel within the same enterprise
- Whether it exceeds reasonable business necessity
- Whether it is repetitive or continuous (except in serious cases)
- Whether it causes harm to the employee’s physical or mental well-being
These factors serve as important guidance, although each case must still be assessed based on its specific facts.
Employer obligations and practical response
The amendment imposes substantial obligations on employers by introducing a comprehensive framework for the prevention and handling of workplace bullying. Under the new requirements, employers with 10 or more employees must establish a workplace bullying complaint channel and publicly display it at the workplace (Article 5 of the Regulations). Employers with 30 or more employees must further adopt comprehensive workplace bullying prevention measures, including complaint procedures, investigation processes, and disciplinary rules, which must also be publicly disclosed (Article 6 of the Regulations).
Given the sensitive nature of workplace bullying and the complexity of procedural requirements, it is advisable for employers to establish internal policies and complaint mechanisms even if they fall below the statutory thresholds. Such proactive measures help mitigate legal risks and ensure that the organization is prepared to handle complaints in a structured and compliant manner.
From a comparative perspective, the new framework draws heavily on existing sexual harassment prevention regulations. However, it introduces several notable distinctions.
- Where the complainant is willing to engage in mediation, a mediation process may be initiated, and if successfully concluded, no further investigation is required (Article 13 of the Regulations).
- The framework emphasizes external participation in investigations by requiring that external members constitute at least half of the investigation committee (Article 14 of the Regulations), thereby enhancing objectivity and credibility.
A mandatory reconsideration mechanism has been introduced, allowing parties dissatisfied with the outcome to request reconsideration; where procedural defects or new evidence are identified, a new review committee must be formed to re-examine the case (Article 22 of the Regulations).
Conclusion
The amendments mark a fundamental shift in the legal treatment of workplace bullying, transforming it from an internal management issue into a formal compliance obligation. Given the highly structured and procedural nature of the new framework governing investigation bodies, procedural design, and adjudication mechanisms, employers who fail to adapt in a timely manner risk not only administrative penalties but also potential civil liability and reputational harm.
In practice, employers must not only fulfill reporting obligations promptly upon receiving a complaint but may also be required to establish an investigation team within a very short timeframe. To ensure compliance, employers are strongly advised to review and strengthen their internal systems, including complaint handling and investigation processes, establishing a pool of external committee members, and maintaining close coordination with external legal counsel. Such preparation will enable employers to respond swiftly and effectively when incidents arise, ensuring both procedural and substantive compliance with applicable laws.
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Sabrina Hsu, Associate Partner, and Stanley Lin, Associate, have contributed to this legal update.