Workplace Bullying Prevention to Take Effect in July: How to Appeal and Investigate, Q&A

"Workplace bullying" refers to situations where a worker, while performing duties at the workplace, is subjected to offensive, threatening, neglectful, isolating, insulting, or other inappropriate words or actions by personnel of their employing unit, who exploit their position or power. These actions exceed the necessary and reasonable scope of business and cause harm to the worker's physical and mental health.

When a worker believes they are experiencing workplace bullying, they can file a complaint through the employing unit's complaint channels, such as in writing, via email, verbally, or by other methods designated by the unit. They should provide details of the incident, conversation records, audio recordings, or other relevant materials for investigation. If the information is insufficient, the employing unit must notify the worker to supplement it and cannot directly refuse to accept the complaint. If the perpetrator is the highest-ranking official of the employing unit, the worker can file a complaint directly in writing with the local competent authority.

If a worker disagrees with the company's investigation results, they can file an appeal in writing with the company within 30 days from the day after receiving the written notice, supplementing the reasons for disagreement or new evidence. Each incident is limited to one appeal. Upon receiving the appeal, the company must convene an appeal review meeting within 10 working days and give the worker an opportunity to state their opinion.

Even if a worker has resigned, if the respondent is a person who used their power to bully, the employing unit must still handle the case in accordance with the law as long as it is within the statutory period of "within 1 year after resignation" or "within 3 years after the bullying behavior ends." The unit must initiate an investigation after accepting the complaint and cannot refuse to handle it simply because there is no longer an employment relationship between the parties.

Employing units with 10 or more employees must establish a workplace bullying complaint channel. The unit can provide a dedicated hotline, email, dedicated mailbox, or designated communication software based on internal needs. After establishing the complaint channel, relevant information must be publicly displayed in a prominent location in the workplace, and can also be announced through employee handbooks, the employing unit's internal website, or email.

Upon receiving a workplace bullying complaint, if it meets the acceptance criteria, the employing unit must report it to the Ministry of Labor's registration system in accordance with the law and initiate an objective and fair investigation process. This includes interviewing both parties and relevant personnel, understanding the case details, taking necessary protective measures, collecting relevant evidence, and finally making an investigation conclusion. Employing units cannot fail to act, delay for an extended period, or close the case directly without a substantive investigation.

Employing units with 100 or more employees must complete the investigation report "within 2 months from the day after the investigation team is formed." If there are special circumstances, it can be extended by 1 month, and the parties must be notified. The employer must also formally decide whether the bullying is established "within 1 month from the date the investigation report is completed."

(Central News Agency, Taipei, June 30) The Occupational Safety and Health Act has added a special chapter on workplace bullying prevention, which will officially take effect in July. The Central News Agency has compiled relevant information to help you understand what workplace bullying is, how workers should report it when they encounter it, and how employers should investigate it.

The Ministry of Labor has amended the Occupational Safety and Health Act and added a special chapter on workplace bullying prevention. The regulations will take effect on July 1. According to the regulations, workplace bullying must meet 5 major criteria. The Central News Agency has organized relevant Q&A explanations on how workers should report workplace bullying and how employers should handle complaints filed by workers.

"Workplace bullying" refers to situations where a worker, while performing duties at the workplace, is subjected to offensive, threatening, neglectful, isolating, insulting, or other inappropriate words or actions by personnel of their employing unit, who exploit their position or power. These actions exceed the necessary and reasonable scope of business and cause harm to the worker's physical and mental health.

When a worker believes they are experiencing workplace bullying, they can file a complaint through the employing unit's complaint channels, such as in writing, via email, verbally, or by other methods designated by the unit. They should provide details of the incident, conversation records, audio recordings, or other relevant materials for investigation. If the information is insufficient, the employing unit must notify the worker to supplement it and cannot directly refuse to accept the complaint. If the perpetrator is the highest-ranking official of the employing unit, the worker can file a complaint directly in writing with the local competent authority.

If a worker disagrees with the company's investigation results, they can file an appeal in writing with the company within 30 days from the day after receiving the written notice, supplementing the reasons for disagreement or new evidence. Each incident is limited to one appeal. Upon receiving the appeal, the company must convene an appeal review meeting within 10 working days and give the worker an opportunity to state their opinion.

If it is found that the original investigation procedure has significant flaws, or if there is new evidence that could affect the outcome, the company must re-form a team to conduct a new investigation. In principle, the company should make a decision within 30 days from the date of the appeal review meeting. If further investigation is required, it can be extended by 30 days, and the result must be formally notified in writing within 10 working days after the decision is made.

Even if a worker has resigned, if the respondent is a person who used their power to bully, the employing unit must still handle the case in accordance with the law as long as it is within the statutory period of "within 1 year after resignation" or "within 3 years after the bullying behavior ends." The unit must initiate an investigation after accepting the complaint and cannot refuse to handle it simply because there is no longer an employment relationship between the parties.

Employing units with 10 or more employees must establish a workplace bullying complaint channel. The unit can provide a dedicated hotline, email, dedicated mailbox, or designated communication software based on internal needs. After establishing the complaint channel, relevant information must be publicly displayed in a prominent location in the workplace, and can also be announced through employee handbooks, the employing unit's internal website, or email.

Upon receiving a workplace bullying complaint, if it meets the acceptance criteria, the employing unit must report it to the Ministry of Labor's registration system in accordance with the law and initiate an objective and fair investigation process. This includes interviewing both parties and relevant personnel, understanding the case details, taking necessary protective measures, collecting relevant evidence, and finally making an investigation conclusion. Employing units cannot fail to act, delay for an extended period, or close the case directly without a substantive investigation.

Employing units with 100 or more employees must complete the investigation report "within 2 months from the day after the investigation team is formed." If there are special circumstances, it can be extended by 1 month, and the parties must be notified. The employer must also formally decide whether the bullying is established "within 1 month from the date the investigation report is completed."

Employing units with 30 to 99 employees must complete the investigation and make a decision "within 4 months from the day after receiving the complaint." If there are special circumstances, it can be extended by 1 month, and the parties must be notified. For employing units with fewer than 30 employees, the employer must complete the investigation and make a decision "within 3 months from the day after receiving the complaint." If there are special circumstances, it can be extended by 1 month, and the parties must be notified. (Editor: Chang Ya-ching) 1150630

Stand with facts, your every sponsorship is a force to protect press freedom

Download the Central News Agency "First Hand News" APP to get the latest news in real time

The text, images, and videos on this website may not be reproduced, publicly broadcast, publicly transmitted, or used without authorization.