Law Articles
2026-07-15
Law Articles
Workplace Bullying Now Formally Codified into Law，Businesses Face Millions in Fines for Non-Compliance! Failure to Implement These Key Measures May Result in Legal Violations
【Zhong Yin Law Firm Partner Charlotte Wu / Attorney Dan Yang / Legal Intern Sophy Yao】
charlotte.wu@zhongyinlawyer.com.tw
charlotte.wu@zhongyinlawyer.com.tw
Have you ever witnessed situations such as a supervisor publicly humiliating a subordinate during a meeting, deliberately excluding a particular employee from an important project, or intentionally leaving one employee out of the company's LINE group? In the past, such conduct was often concealed under the guise of "management style," "workplace culture," or "team dynamics." However, with the implementation of Taiwan's new workplace bullying prevention regime and its accompanying regulations, employers can no longer rely on these justifications to avoid legal responsibility.
With the comprehensive codification of workplace bullying prevention, employers are now required not only to proactively prevent workplace bullying, but also to establish effective complaint, investigation, and resolution mechanisms. Failure to adopt legally required preventive and responsive measures may expose employers not only to administrative penalties, but also to civil liability and labor disputes. Workplace bullying has therefore evolved from a traditional “management blind spot” into a “critical corporate compliance issue” that every employer must address.
I. Highlights of the New Legal Framework and Implementation Timeline
On December 2, 2025, Taiwan's Legislative Yuan passed amendments to the Occupational Safety and Health Act ("OSHA") in the third reading, introducing, for the first time, a dedicated chapter governing the prevention of workplace 1 bullying. The amendments officially came into force on July 1, 2026.
To facilitate implementation of the new regime, the Ministry of Labor subsequently promulgated two implementing regulations on June 23, 2026: the Workplace Bullying Prevention Measures Regulations; and the Regulations Governing the Acceptance and Handling of Complaints Against the Highest Responsible Person for Workplace Bullying by Local Competent Authorities. Together, these regulations establish the comprehensive legal framework governing workplace bullying prevention and enforcement 2 in Taiwan.
Prior to these amendments, Taiwan's legal system contained no statutory definition of workplace bullying. In practice, employers, employees, and enforcement authorities largely relied on court decisions and administrative guidance when assessing individual cases 3. Consequently, significant practical uncertainties existed, including inconsistent standards for determining workplace bullying, unclear employer obligations, and the absence of a uniform complaint and investigation mechanism.
The 2025 amendments represent the first time that Taiwanese law expressly defines "workplace bullying" by statute. More importantly, they elevate employers' responsibility to prevent workplace bullying from a matter of corporate ethics or best practices to a mandatory legal obligation.
Viewed as a whole, the swift progression from legislative approval to full implementation demonstrates the government's strong commitment to establishing a comprehensive legal framework for workplace safety. This landmark reform not only reshapes the legal rights and obligations between employers and employees, but also establishes clear legal boundaries on the exercise of managerial authority that employers must not cross.
II. How Is Workplace Bullying Determined? Understanding the Five Key Elements
Article 22-1, Paragraph 1 of the Occupational Safety and Health Act 4 expressly provides that workplace bullying must satisfy the following elements:
1. Occurrence at the Workplace
The conduct must occur in a workplace where an employee performs his or her duties. This includes not only traditional office environments, but also extended work-related settings such as business trips, assigned work locations, remote working environments, and online meetings.
2. Abuse of Position or Power
The perpetrator must have taken advantage of an unequal relationship arising from his or her position, authority, or other forms of power imbalance, such as a supervisor exercising authority over a subordinate, a senior employee over a junior employee, or a person with performance evaluation authority over an employee subject to evaluation.
3. Conduct Exceeding the Reasonable Scope of Managerial Authority
The conduct must exceed the boundaries generally acceptable under social norms and cannot merely constitute ordinary management or workplace instruction. For example, a supervisor stating, "This section has contained errors three times. Please carefully review your work," where such criticism is supported by objective facts, would generally constitute legitimate managerial guidance. However, statements such as "Are you blind?" or other degrading remarks that attack an employee's dignity may constitute workplace bullying. 5
4. Continuity of Conduct or Exception for Serious Single Incidents
As a general rule, workplace bullying requires that the conduct occur repeatedly or continuously. However, where a single incident is sufficiently serious, it may still constitute workplace bullying even without repeated occurrence.
5. Actual Harm to Physical or Mental Health
The employee must suffer actual physical or psychological harm as a result of the conduct. Examples include: a medical diagnosis of anxiety disorder, depression, insomnia, or other mental health conditions; significant physical or psychological symptoms; or records of medical treatment or professional counseling.
Article 2 of the Workplace Bullying Prevention Measures Regulations 6 further provides that, when determining whether workplace bullying has occurred, authorities should comprehensively consider factors including: the background of the incident; frequency of occurrence; location; motivation and purpose of the perpetrator; and the overall circumstances of the conduct. The Regulations specifically identify four common forms of workplace bullying: Social Exclusion (Examples include deliberately isolating an employee, excluding the employee from meetings, or preventing participation in workplace activities)；Work Interference (Examples include intentionally obstructing an employee's work performance or withholding necessary information); Abuse of Authority (Examples include deliberately assigning unreasonable workloads or imposing inappropriate duties through misuse of managerial power); Reputation Harm (Examples include spreading rumors, making defamatory statements, or unlawfully disclosing personal information).
It is important to clarify that workplace bullying is subject to statutory requirements and should not be equated with every workplace disagreement or conflict. The purpose of establishing these five legal elements is to distinguish workplace bullying from: ordinary workplace misunderstandings; legitimate but strict managerial supervision; and subjective feelings of discomfort without objective harm. Nevertheless, the threshold for compliance under the new legal framework is considerably stricter than many employers may anticipate. Conduct previously regarded as "normal management practices" may now potentially be reviewed and found unlawful under the new statutory standards.
III. Which Category Does Your Company Fall Into? Employer Obligations Based on Workforce Size: Key Requirements for Companies with 10, 30, and 100 Employees
The new regulatory framework adopts a tiered compliance approach based on employer size, allowing businesses of different scales to implement corresponding compliance measures.
- Employers with 10 or More Employees
Employers with ten or more employees must establish workplace bullying complaint channels, including, for example: dedicated email addresses; complaint hotlines; or designated mailboxes. Such complaint channels must be publicly disclosed in a prominent location at the workplace 7. - Employers with 30 or More Employees
In addition to establishing complaint channels, employers with thirty or more employees must: formulate workplace bullying prevention policies; establish complaint handling and disciplinary procedures; provide workplace bullying prevention training to all employees; provide communication skills and complaint-handling training for managerial personnel and investigators 8; and establish a dedicated complaint-handling unit. 9 - Employers with 100 or More Employees
Employers with one hundred or more employees must comply with all foregoing obligations and additionally: establish an investigation panel; and ensure that internal investigation members receive at least three hours of workplace bullying prevention training. 10 - Obligations Applicable to All Employers Regardless of Size
Regardless of workforce size, every employer must: provide employees with a workplace environment free from workplace bullying 11; and immediately adopt effective and appropriate measures 12 upon becoming aware of a workplace bullying incident. This obligation is the only requirement under the new system that applies universally without any workforce-size threshold.
IV. Legal Consequences of Non-Compliance: Administrative Fines and Transitional Risks
Failure to fulfill statutory workplace bullying prevention obligations may result in significant legal consequences.
1. Failure to Establish Required Compliance Mechanisms
Where an employer fails to establish required prevention measures or complaint channels based on its workforce size, and fails to correct such violation after being ordered by the competent authority to do so within a specified period, the employer may be subject to a fine ranging from NT$30,000 to NT$750,000 13. The maximum penalty may be increased to NT$1,125,000 14 in aggravated circumstances.
2. Serious Consequences Caused by Failure to Prevent Workplace Bullying
Where an employer violates statutory prevention obligations and such failure results in an employee developing an occupational disease or work-related illness, the employer may be directly subject to a fine ranging from NT$50,000 to NT$3,000,000. 15 The maximum penalty may be increased to NT$4,500,000 16 in aggravated circumstances.
3. Personal Liability of Responsible Individuals
If the highest responsible person of a company, such as an employer or chairman of the board, is determined through investigation to be the perpetrator of workplace bullying, such individual may be personally subject to a fine ranging from NT$10,000 to NT$1,000,000 17 pursuant to Article 46 of the Occupational Safety and Health Act.
One of the most significant challenges for businesses is the transitional effect of the new legislation. The amended law includes transitional provisions stipulating that: complaints filed after the effective date; and complaints already filed before the effective date but not yet concluded, shall be handled under the new legal regime 18. This means that even if the alleged conduct occurred before July 1, 2026, an employer may still be required to initiate an investigation under the new system if an employee files a complaint after the effective date.
Conclusion:
The implementation of the dedicated chapter on workplace bullying prevention marks a historically significant milestone in Taiwan’s labor law framework. However, for businesses, the challenges brought by the new legal regime lie not merely in understanding the statutory provisions, but in effectively translating those requirements into practice. Employers must move away from a passive approach of “taking action only after receiving a complaint” and instead adopt a proactive compliance strategy based on three key principles: establishing preventive mechanisms in advance, promptly initiating procedures upon becoming aware of incidents, and maintaining comprehensive records throughout the entire process.
Specifically, the key compliance requirements repeatedly emphasized under the new legal regime include the following:
1. Institutional Framework
Has your company, based on its workforce size: established complaint channels; adopted workplace bullying prevention policies; and designated responsible personnel or departments?
2. Procedural Compliance
Does your company have standardized procedures ensuring that complaints are handled immediately upon awareness of an incident? Such procedures should clearly define each stage, including: receipt of complaints; internal notification; protective measures; investigation; decision-making; and follow-up actions.
3. Evidence and Record Management
Does your company maintain complete records of: preventive measures; employee training programs; complaint handling procedures; and investigation outcomes? Under the new regulations, relevant records must be properly maintained for at least three years. 19
As Taiwan enters a new era of workplace bullying prevention, legal compliance should not be viewed as an isolated responsibility borne solely by business owners or human resources departments. Instead, it should be treated as a systematic corporate risk management initiative requiring professional planning, implementation, and continuous improvement.
Companies should not regard workplace bullying compliance as a one-time human resources task. Rather, it should be incorporated into the overall corporate legal risk management framework.
From designing compliance systems and standardizing internal procedures to training managerial personnel and establishing effective investigation mechanisms, businesses require systematic planning and professional legal support.
Whether a company is building a workplace bullying prevention system from the ground up or reviewing existing mechanisms for compliance gaps, our firm provides corporate compliance system development and training services to assist businesses in moving from "legal awareness" to "legal compliance" under Taiwan's new workplace bullying prevention regime.
References and Legal Sources
1 Ministry of Labor, Press Release, “Legislative Yuan Passes Amendments to Certain Provisions of the Occupational Safety and Health Act in the Third Reading”
Available at: https://www.mol.gov.tw/1607/1632/1633/86798/ (Last accessed: July 3, 2026.)
2 Ministry of Labor, Press Release, “New Workplace Bullying Prevention Measures under the Occupational Safety and Health Act to Take Effect: Ministry of Labor Announces Implementing Regulations and Supporting Measures to Assist Businesses in Achieving Compliance and Building Healthy Workplaces”
Available at: https://www.osha.gov.tw/48110/48417/48419/206967/post (Last accessed: July 3, 2026.)
3 Taiwan High Court Taichung Branch Court, Civil Judgment No. 113-Shang-Yi-520 (2025)
The court held that, although Taiwan’s previous legal framework did not provide an explicit statutory definition of workplace bullying, workplace bullying should be understood, based on international perspectives, academic recommendations, workplace bullying prevention guidelines, and judicial practice, as conduct where an individual in a workplace relationship exploits his or her position or authority, exceeds the necessary and reasonable scope of business-related activities, and repeatedly engages in offensive, threatening, neglectful, isolating, insulting, or otherwise improper words or actions, thereby causing harm to an employee’s physical or mental health. The court further noted that workplace bullying may sometimes be difficult to distinguish from legitimate managerial authority. Whether an employer’s or supervisor’s conduct exceeds the necessary and reasonable scope of management should therefore be determined by comprehensively considering factors including the nature, frequency, and circumstances of the conduct, the rights affected, the motivation and purpose of the actor, and the relationship between the conduct and the employee’s work duties.
4 Article 22-1, Paragraph 1 of the Occupational Safety and Health Act provides:
“Workplace bullying” refers to circumstances where an employee, while performing duties at the workplace, suffers harm to his or her physical or mental health due to an individual within the business entity exploiting his or her position, authority, or other forms of power imbalance, exceeding the necessary and reasonable scope of work-related activities, and continuously engaging in offensive, threatening, neglectful, isolating, insulting, or other improper words or conduct. However, where the circumstances are serious, continuous occurrence is not required.
5 Reference: “Workplace Bullying Guide: New Regulations Effective in July 2026 — A Must-Read Prevention Guide for Employers and Human Resources Professionals”
Available at: https://yicheng.net.tw/2026-workplace-bullying/#bullying-definition (Last accessed: July 3, 2026.)
6 Article 2 of the Workplace Bullying Prevention Measures Regulations provides that the determination of workplace bullying shall be made based on Article 22-1, Paragraph 1 of the Occupational Safety and Health Act, taking into account the background, frequency, location, motivation, and purpose of the incident, as well as the following circumstances:
- Deliberately excluding, ignoring, isolating, or preventing a specific individual from participating in necessary meetings, affairs, or activities;
- Destroying or intentionally obstructing a specific individual’s work, using authority to create difficulties, or deliberately withholding or providing false information;
- Exercising power over a specific individual by intentionally assigning unreasonable work objectives or duties clearly inconsistent with the individual’s capabilities; and
- Deliberately spreading rumors concerning a specific individual or disclosing his or her private information.
7 Under Article 5 of the Workplace Bullying Prevention Measures Regulations, employers with ten or more employees must establish workplace bullying complaint channels, including: dedicated email addresses; designated mailboxes; dedicated telephone lines; facsimile channels; or other designated communication software channels. Such complaint channels must be publicly disclosed in a prominent location at the workplace.
8 Article 6 of the Workplace Bullying Prevention Measures Regulations provides:
Employers employing 30 or more employees shall, in addition to complying with the requirements set forth in the preceding article, establish workplace bullying prevention measures, complaint handling procedures, and disciplinary rules in accordance with these Regulations, designate a dedicated responsible unit to coordinate relevant matters, and publicly disclose such measures and rules.
The aforementioned measures and rules shall include the following:
- Types of workplace bullying conduct and preventive measures;
- Education and training for the prevention of workplace bullying;
- Establishment of a complaint handling unit and designation of personnel responsible for receiving complaints, conducting investigations, handling cases, and processing appeal procedures relating to workplace bullying incidents;
- Qualifications of investigators and conflict-of-interest avoidance requirements;
- Confidential handling of complaints and measures to ensure that complainants, individuals assisting complainants, and persons participating in or responsible for investigations are protected from retaliation or any other adverse treatment;
- Disciplinary actions or other corrective measures applicable to individuals whose workplace bullying conduct is substantiated through investigation;
- Disciplinary actions or other handling measures applicable where an investigation confirms that a complainant has maliciously fabricated facts; and
- Where the respondent is the highest responsible person of the organization, employees may directly file a complaint with the competent authority of the municipality or county (city) pursuant to Article 22-3, Paragraph 1 of the Occupational Safety and Health Act.
For personnel who are managerial-level supervisors, or who are responsible for or involved in the investigation, handling, coordination, or appeal procedures of workplace bullying complaints, employers shall additionally provide relevant training on communication skills, management practices, and complaint handling procedures.
Employers employing fewer than 30 employees may refer to the preceding provisions and implement similar measures as appropriate.
9 Article 9, Paragraph 1 of the Workplace Bullying Prevention Measures Regulations provides:
Employers employing 30 or more employees shall establish a complaint handling unit for the purpose of handling workplace bullying complaints referred to in the preceding article. The complaint handling unit shall consist of at least three members, and neither gender shall account for less than one-third of the total membership.
10 Under Article 14 of the Workplace Bullying Prevention Measures Regulations, employers with one hundred or more employees must establish an investigation panel when handling workplace bullying complaints. The investigation panel must: be established within fifteen working days after acceptance of the complaint; consist of at least three members; include external professionals accounting for no less than two-thirds of the panel members; and ensure that members from the business entity receive at least three hours of workplace bullying prevention training.
11 Under Article 4 of the Workplace Bullying Prevention Measures Regulations, employers must provide employees with a workplace environment free from workplace bullying, adopt appropriate preventive and response measures, and protect the privacy of relevant individuals.
12 Under Article 7, once an employer becomes aware of workplace bullying, it must immediately adopt effective and appropriate measures, including: implementing protective or separation measures where necessary; providing or referring employees to legal consultation, medical assistance, psychological counseling, social welfare resources, or other necessary support; initiating investigation procedures; interviewing relevant individuals and conducting fact-finding; taking appropriate disciplinary or corrective measures based on investigation results; and providing information regarding employees’ rights and available remedies.
13 Article 45, Paragraph 1, Subparagraphs 2 and 3 of the Occupational Safety and Health Act provide: Any person who falls under any of the following circumstances shall be subject to a fine of not less than NT$30,000 and not more than NT$750,000:
1. Violating the provisions of Article 6, Paragraph 2; Article 12, Paragraph 4; Article 20, Paragraphs 1 and 2; Article 21, Paragraphs 1 and 2; Article 22, Paragraph 1; the latter part of Article 22-1, Paragraph 2; Article 22-2, Paragraph 1, Subparagraph 2, Paragraph 3; Article 23, Paragraph 1; Article 32, Paragraph 1; Article 34, Paragraph 1; or Article 38, and failing to complete the required improvements within the prescribed period after being notified by the competent authority.
2. Violating the provisions of Article 15-1, Paragraphs 1 to 3; Article 17; Article 18, Paragraph 3; Article 22-2, Paragraph 1, Subparagraph 1, Paragraphs 2 and 5; Article 26; Article 27; Article 27-1, Paragraphs 1 and 2; Article 28; Article 29, Paragraph 3; Article 33; or Article 39, Paragraph 4.
14 Article 45, Paragraph 2 of the Occupational Safety and Health Act provides:
Where any of the circumstances set forth in the preceding paragraph occurs, the competent authority may, taking into consideration the scale and nature of the business, as well as the severity of the violation, increase the fine up to one-half of the statutory maximum fine.
15 Article 43, Paragraph 1, Subparagraph 3 of the Occupational Safety and Health Act provides: Any person who falls under any of the following circumstances shall be subject to a fine of not less than NT$50,000 and not more than NT$3,000,000:
3. Violating Article 6, Paragraph 2; the latter part of Article 22-1, Paragraph 2; or Article 22-2, Paragraph 1, thereby causing an occupational disease or work-related illness to occur.
16 Article 43, Paragraph 2 of the Occupational Safety and Health Act provides:
Where any of the circumstances set forth in the preceding paragraph occurs, the competent authority may, taking into consideration the scale and nature of the business, as well as the severity of the violation, increase the fine up to one-half of the statutory maximum fine.
17 Article 46 of the Occupational Safety and Health Act provides:
Where the highest responsible person of an organization is determined to have engaged in workplace bullying, such person shall be subject to a fine of not less than NT$10,000 and not more than NT$1,000,000.
18 Additional Reference
Occupational Safety and Health Administration, Ministry of Labor, “Workplace Bullying Prevention Q&A Guide” (Q9)
Available at: https://www.osha.gov.tw/media/mnbpfi3u/%E9%98%B2%E6%B2%BB%E8%81%B7%E5%A0%B4%E9%9C%B8%E5%87%8Cqa%E4%B8%80%E6%AC%A1%E7%9C%8B.pdf
(Last accessed: July 4, 2026.)
19 Article 26 of the Workplace Bullying Prevention Measures Regulations provides:
Employers shall prepare and maintain records documenting the implementation of preventive measures, the handling of complaints, coordination, investigations, appeals, and the corresponding procedures and outcomes undertaken in accordance with these Regulations. Such records shall be retained for a minimum period of three years.
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