Workplace Bullying Prevention Guidelines Released, Including Behaviors Like Social Exclusion

Taiwan's Ministry of Labor has announced new guidelines for preventing workplace bullying. These include defining improper behaviors such as social exclusion and verbal abuse, and establish prevention obligations and complaint systems based on company size.
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Taipei, April 21 (CNA) - The Ministry of Labor has amended the Occupational Safety and Health Act to include a dedicated chapter on workplace bullying. As the forms of workplace bullying are diverse, the ministry has drafted prevention guidelines and provided five categories of improper behavior, including social exclusion, verbal abuse, and interference with duties, for employers to consider comprehensively.

The Ministry of Labor overhauled the Occupational Safety and Health Act, adding a new chapter on workplace bullying prevention, with related regulations expected to take effect in July. Today, the ministry announced the draft of the Workplace Bullying Prevention Guidelines, which specifies the principles and factors for identifying workplace bullying, the preventive measures employers must take, and effective and appropriate handling procedures.

Peng Feng-mei, Deputy Director of the Occupational Health and Safety Division at the Ministry's Occupational Safety and Health Administration (OSHA), explained that the Act already defines the five essential elements for identifying workplace bullying: it must occur in the workplace while performing duties; it involves a person in the business entity using their position or power; it exceeds the necessary and reasonable scope of business; it involves continuous offensive, threatening, or alienating words or behaviors; and it causes harm to the worker's physical or mental health.

Peng stated that the element of 'exceeding the necessary and reasonable scope of business' is the industry's biggest concern, as they fear the gray area between exercising managerial authority and bullying could lead to disputes. However, she clarified that if a task typically takes a month for everyone to complete, but a specific employee is required to finish it in three days, that would be considered exceeding the necessary and reasonable scope. OSHA will later draft guidelines with specific examples for reference.

The draft also specifies types of improper behavior, including verbal abuse, social exclusion, interference with duties, abuse of power, and defamation, for employers to consider when assessing bullying behavior.

Many people are confused about how to identify these improper behaviors, even wondering if not being included in a group order for drinks or fried chicken counts as workplace bullying. Chang Kuo-ming, Director of OSHA's Occupational Health and Safety Division, explained that it must be determined based on its relevance to job duties and its persistence. If a supervisor uses their position to order food during overtime and deliberately and continuously excludes a specific team member, it might be considered bullying. A comprehensive judgment is necessary.

In addition to the principles of identification, the draft guidelines also set different prevention obligations based on company size. Peng said that regardless of size, all businesses must address workplace bullying if they are aware of it. Business entities with 10 or more employees must set up a complaint channel, and those with 30 or more must also establish prevention measures and a complaint handling unit.

For businesses with 100 or more employees, an investigation committee must be formed. Peng stated that at least half of the committee members must be external experts. If an employee is dissatisfied with the investigation results, there is an appeal mechanism. The business must establish an appeal committee with even stricter composition requirements, including at least three members, with at least two-thirds being external experts.

Furthermore, the draft sets a statute of limitations for employee complaints. The complainant must file within three years of the end of the bullying behavior, and those who have left the company must file within one year of their departure. Personnel involved in the investigation within the business must also receive at least three hours of educational training.

The Occupational Safety and Health Act stipulates that when an employer is aware that an employee is being subjected to workplace bullying, they must take immediate and effective appropriate measures. If the complainant is willing, mediation can also be arranged. Peng said the draft also regulates the mediation process and principles, requiring the complainant's willingness and mutual agreement on the mediator.

Regarding cases where the highest-ranking person in the business entity is involved in bullying, Peng said the draft stipulates that such cases will be handled by the local competent authority. It also defines six categories of 'highest-ranking persons' by referencing the Act of Gender Equality in Employment. After accepting a case, the local authority must notify the business and activate protective measures. The investigation period is also two months, extendable by one month if necessary. If the parties are dissatisfied with the investigation results, they can file an administrative appeal or seek judicial remedies.

Chang Kuo-ming stated that preventing workplace bullying is an employer's legal obligation. Violations of the relevant regulations can result in fines of up to NT$3 million, and the penalty can be increased by up to half of the maximum statutory fine depending on the scale, nature, or severity of the violation, reminding employers to be mindful. (Editor: Lee Hsi-chang) 1150421