Law Articles
2026-07-31
Law Articles
What Should HR Do First Upon Receiving a Workplace Bullying Complaint? A Practical Guide to Employers' Response Procedures and Investigation SOPs (Part I)
【Zhong Yin Law Firm Partner Charlotte Wu / Attorney Dan Yang / Legal Intern Sophy Yao】
charlotte.wu@zhongyinlawyer.com.tw
charlotte.wu@zhongyinlawyer.com.tw
At 10:00 a.m., an anonymous email arrives in your inbox alleging that a senior executive has repeatedly subjected subordinates to verbal humiliation and social exclusion. Over the next 24 hours, every decision you make—whether to immediately launch an investigation, separate the parties involved, or report the incident—may directly determine whether your company will face substantial administrative penalties or even suffer reputational damage through the public disclosure of its name 1.
This is the new reality that every HR professional and employer must confront following the implementation of the workplace bullying prevention chapter under Taiwan's Occupational Safety and Health Act (OSHA). Once a workplace bullying allegation arises, the issue is no longer whether the employer wishes to investigate, but rather a statutory obligation to initiate the legally prescribed procedures. More importantly, procedural defects in handling a complaint may expose an employer to greater legal risks than failing to respond altogether.
Given the significant legal exposure associated with workplace bullying complaints, how can employers effectively manage such situations while remaining legally compliant? From a practical legal perspective, this article provides a step-by-step analysis of the standard response procedures and investigation SOPs that employers should follow upon becoming aware of a workplace bullying allegation.
I. Step One: Once the Employer Becomes "Aware," the Legal Duty Begins—Do Not Wait for a Formal Complaint
The employer's awareness of a workplace bullying incident is the trigger for all statutory obligations. One of the most common misconceptions among employers is that no action is required unless an employee files a formal written complaint.
However, Article 22-2, Paragraph 1 of the Occupational Safety and Health Act provides that: "Where an employer becomes aware that a worker has been subjected to workplace bullying, the employer shall immediately adopt the following appropriate and effective measures. "The legislature deliberately adopted the term "becomes aware" rather than "receives a formal complaint." Article 22-2, Paragraph 1 further distinguishes two circumstances under which an employer may become aware of workplace bullying, each giving rise to a different level of legal obligation.
1. Awareness Through a Complaint：Where the employer becomes aware of the incident through an employee's complaint, the employer bears more extensive
obligations, including: immediately implementing protective measures; conducting an investigation; imposing appropriate disciplinary actions against the perpetrator 2, where warranted; and reporting the case through the online platform designated by the competent authority 3.
2. Awareness Through Other Means：Where the employer becomes aware of workplace bullying by means other than a formal complaint, the legal obligations are comparatively less extensive. The employer is generally required to: clarify the relevant facts; provide assistance in accordance with the affected employee's wishes; and make appropriate adjustments to the working environment where necessary 4.
For this second category of "awareness other than through a complaint," employers should note that the following circumstances may all constitute legal awareness:
- Direct observation: personally witnessing the alleged bullying conduct.
- Information from third parties: receiving reports or whistleblower information from other employees, including anonymous reports.
- Review of documentary or electronic evidence: examining emails, messaging records, surveillance footage, or other supporting evidence.
- Objective circumstances: where an employee's emotional condition, health status, or the overall workplace atmosphere has deteriorated so significantly that the employer may reasonably be deemed to have recognized the existence of workplace bullying.
II. Step Two: The Critical Initial Response—Immediate Measures Upon Accepting a Complaint
Once a workplace bullying complaint has been accepted, the employer's initial response often determines the company's subsequent legal exposure. Upon becoming aware of the incident, the employer must immediately implement the following statutory measures.
1. Separate the Parties (Prevent Further Bullying)
Taking into account the complainant's wishes and privacy, the employer should adopt appropriate measures to prevent further contact between the parties 5. Such measures may include adjusting the relevant employees' job duties, seating arrangements, work locations, or working hours.
2. Protect the Complainant (Provide Support, Assistance, and Protective Measures)
Based on the specific circumstances of the case and the employee's needs, the employer should proactively provide consultation, necessary assistance, and appropriate protective measures 6. These measures may include: psychological support, such as providing access to an Employee Assistance Program (EAP) or referrals for professional counseling; legal information, including informing the complainant of available legal rights and remedies 7; privacy protection, by maintaining strict confidentiality regarding the complainant's identity and the details of the case to prevent secondary harm 8; and employment protection, ensuring that the complainant's performance evaluations, promotion opportunities, and compensation are not adversely affected during the investigation.
3. Prevent Retaliation (Prohibition Against Adverse Employment Actions)
Employers should pay particular attention to the enhanced protections provided under the new legislation for both complainants and employees who assist in an investigation. Regardless of whether pressure comes from supervisors, co-workers, or senior management, any adverse employment action taken against a complainant or witness—including dismissal, demotion, salary reduction, withholding bonuses, or any other action that diminishes existing employment rights—is legally null and void 9. Furthermore, where an employee is subjected to disciplinary or adverse treatment after filing a complaint, the law presumes that such treatment is related to the complaint. In such circumstances, the employer bears the full burden of proving that the employment action was entirely unrelated to the workplace bullying complaint 10. Failure to rebut this statutory presumption may place the employer at a significant disadvantage in subsequent labor litigation.
4. Preserve Evidence to Prevent Its Loss or Destruction
Employers are legally required to retain records relating to every stage of a workplace bullying case for at least three years 11. Accordingly, from the moment an anonymous report is received—whether reviewing surveillance footage, interviewing relevant individuals, or exchanging internal communications—all documents, emails, electronic messages, interview recordings, and other relevant materials should be systematically preserved and properly archived to ensure legal compliance and avoid evidentiary deficiencies during future investigations or disputes.
III. Step Three: Investigation and Determination—Procedural Fairness Determines the Credibility of the Investigation
Once the immediate protective measures have been implemented, the next and most critical stage is the fact-finding investigation. At this point, whether the investigation committee is properly constituted in accordance with the law and operates with objectivity will directly determine the legal credibility and evidentiary value of its investigation report.
Employers with 100 or more employees are legally required to establish an investigation committee 12 upon receiving a workplace bullying complaint. Employers with fewer than 100 employees may establish such a committee where necessary to ensure the fairness and impartiality of the investigation 13. The required composition of the investigation committee and the key procedural requirements are outlined below.
1. How Should an Investigation Committee Be Constituted to Ensure Credibility?
The investigation committee should satisfy the following statutory requirements 14:
- A minimum of three members;
- External professionals must constitute at least one-half of the committee (i.e., at least two external members for a three-member committee), and such professionals should possess experience in labor rights protection or related dispute resolution matters;
- Neither gender may account for less than one-third of the committee membership; and
- Any internal members appointed by the employer must complete at least three hours of workplace bullying prevention training to ensure that they possess the necessary legal knowledge and competence to handle workplace bullying cases.
2. A Fundamental Rule That Must Never Be Violated: Conflict of Interest
Allowing individuals to serve as both "player and referee" is one of the most common reasons why an investigation is found procedurally defective and subsequently deemed unlawful by the competent authority. The new regulations expressly provide that objectivity, impartiality, and fairness are the three fundamental principles 15 governing the investigation and mediation of workplace bullying complaints. Accordingly, any person participating in the investigation, complaint handling, or review process must recuse himself or herself if that person is: a party to the incident; or a family member or relative of any party as defined by applicable law 16. This is a mandatory legal requirement. Failure to comply constitutes a material procedural defect, and the competent authority or labor inspection authority may require the employer to conduct the investigation anew 17.
3. Confidentiality Obligations of All Participants
The identities of the complainant, the respondent, and all witnesses must be kept strictly confidential as required by law. Disclosure is permitted only where necessary for the investigation or for the protection of public safety 18. Within the overall framework of the Workplace Bullying Prevention Measures Regulations, the confidentiality obligation complements the record-retention requirement under Article 26. Employers are therefore required not only to preserve investigation records but also to strictly control access to such information in order to prevent unauthorized disclosure and the resulting secondary harm to those involved.
4. Safeguarding the Rights of Both Parties and Their Right to Be Heard
Once an investigation is initiated, both the complainant and the respondent must be afforded a fair opportunity to present their respective statements 19. An investigation may not rely solely on one party's account. Before any interview is conducted, the parties should receive a formal written notice specifying: the purpose of the investigation; the date, time, and location of the interview; and the legal consequences of failing to attend without justifiable reason. The interview process should be audio- or video-recorded, and written records should be prepared accordingly. In addition, all individuals involved in or having knowledge of the incident are legally obligated to cooperate with the investigation by providing relevant communications, documents, or other evidence necessary to facilitate a comprehensive determination of the facts 20.
Finally, employers should clearly distinguish between the institutional roles of "investigation" and "determination."
- Investigation Stage: The investigation committee should evaluate the evidence collected and determine the relevant facts by assessing the statutory elements of workplace bullying, including whether the conduct exceeded what was necessary and reasonable for business purposes, whether it was continuous or sufficiently serious, and the other applicable legal criteria. The committee should then issue a written investigation report 21.
- Determination Stage: Based on the investigation report, the complaint-handling authority should determine whether workplace bullying is substantiated or unsubstantiated 22, and issue a formal written decision notifying both parties of the outcome 23.
Conclusion
In summary, an employer's response to a workplace bullying complaint can be distilled into three essential stages. First, the employer's legal obligations arise upon becoming aware of the alleged workplace bullying—not upon receipt of a formal written complaint. Accordingly, an employer may not justify inaction on the ground that no written complaint has been submitted. Second, during the critical initial response period, the employer must promptly implement appropriate protective measures, including separating the parties where necessary, protecting the complainant, preventing retaliation, and preserving relevant evidence. Third, once the investigation begins, the legal credibility of the investigation depends largely on whether the investigation committee has been properly constituted, whether conflicts of interest have been avoided, whether confidentiality has been maintained, and whether both parties have been afforded a meaningful opportunity to be heard. Equally important, the functions of fact-finding and legal determination should remain institutionally distinct.
Nevertheless, even where the substantive investigation is conducted without procedural defects, employers may still face administrative penalties if they overlook two critical compliance requirements: (1) the statutory deadlines for reporting and online registration, and (2) the procedural pitfalls that frequently arise in practice. In Part II of this series, we will examine the two statutory deadlines that employers must strictly observe and highlight the five most common procedural mistakes made by businesses, helping HR professionals complete the final piece of a legally compliant workplace bullying response SOP.
References and Legal Sources
1 Occupational Safety and Health Act, Article 49, Paragraph 1, Subparagraph 2："Where any of the following circumstances occurs, the name of the business entity, employer, inspection agency, certification agency, monitoring agency, medical institution, occupational health service institution, training institution, or consulting service institution, as well as the name of the responsible person, shall be publicly disclosed. Where the competent authority imposes an administrative fine, the date of the administrative fine decision, the violated provision, and the amount of the fine shall also be disclosed: (2) Where any circumstance prescribed under Articles 40 to 45, Article 47, or Article 48 occurs."
2 Occupational Safety and Health Act, Article 22-2, Paragraph 1, Subparagraph 1："Where an employer becomes aware that a worker has been subjected to workplace bullying, the employer shall immediately adopt the following appropriate and effective measures: (1) Where the employer becomes aware of the incident through a complaint filed by the bullied worker: (i) Adopt measures to prevent the complainant from being subjected to workplace bullying again. (ii) Depending on the complainant's needs and the circumstances of the incident, provide relevant consultation, necessary assistance, and protective measures. (iii) Conduct an investigation into the complaint. Where the complainant expresses willingness, mediation may be conducted; if mediation fails, the investigation shall proceed. (iv) Impose appropriate disciplinary action or take other appropriate measures against the perpetrator."
3 Occupational Safety and Health Act, Article 22-2, Paragraph 3："Upon receiving a workplace bullying complaint filed by a bullied worker, the employer shall register the case on the website designated by the central competent authority. The outcome of the case shall also be registered on such website."
4 Occupational Safety and Health Act, Article 22-2, Paragraph 1, Subparagraph 2："Where an employer becomes aware that a worker has been subjected to workplace bullying, the employer shall immediately adopt the following appropriate and effective measures: (2) Where the employer becomes aware of the incident through means other than the circumstances set forth in the preceding subparagraph: (i) Conduct necessary fact-finding regarding the relevant circumstances. (ii) Assist the bullied worker, according to the worker's wishes, in seeking mediation or filing a complaint. (iii) Appropriately adjust the worker's job duties or workplace. (iv) Provide relevant consultation, necessary assistance, and protective measures according to the wishes of the bullied worker."
5 Occupational Safety and Health Act, Article 22-2, Paragraph 1, Subparagraph 1, Item 1："Where an employer becomes aware that a worker has been subjected to workplace bullying, the employer shall immediately adopt the following appropriate and effective measures: (1) Where the employer becomes aware of the incident through a complaint filed by the bullied worker: (i) Adopt measures to prevent the complainant from being subjected to workplace bullying again." Occupational Safety and Health Act, Article 22-2, Paragraph 1, Subparagraph 2, Item 3 "Where the employer becomes aware of the incident through means other than those specified in the preceding subparagraph: (iii) Appropriately adjust the work duties or workplace." Workplace Bullying Prevention Measures Regulations, Article 7, Paragraph 1, Subparagraph 1, Item 1 "Where an employer becomes aware that a worker has been subjected to workplace bullying, the employer shall immediately adopt the following appropriate and effective measures: (1) Where the employer becomes aware of the incident through a complaint filed by the bullied worker: (i) Taking into account the complainant's wishes, adopt appropriate measures, including separation measures, to prevent the complainant from being subjected to workplace bullying again, and shall not subject the complainant to any adverse treatment." Workplace Bullying Prevention Measures Regulations, Article 7, Paragraph 1, Subparagraph 2, Item 3 "Where the employer becomes aware of the incident through means other than those specified in the preceding subparagraph: (iii) Appropriately adjust the work duties or workplace of the relevant personnel."
6 Occupational Safety and Health Act, Article 22-2, Paragraph 1, Subparagraph 1, Item 2: "Where an employer becomes aware that a worker has been subjected to workplace bullying, the employer shall immediately adopt the following appropriate and effective measures: (1) Where the employer becomes aware of the incident through a complaint filed by the bullied worker: (ii) Depending on the complainant's needs and the circumstances of the incident, provide relevant consultation, necessary assistance, and protective measures."; Article 22-2, Paragraph 1, Subparagraph 2, Item 4: "Where the employer becomes aware of the incident through means other than those specified in the preceding subparagraph: (iv) In accordance with the wishes of the bullied worker, provide relevant consultation, necessary assistance, and protective measures."
7 Workplace Bullying Prevention Measures Regulations, Article 7, Paragraph 1, Subparagraph 1, Item 2：requiring employers who become aware of workplace bullying through a complaint to provide or refer the complainant, according to the complainant's needs, to legal consultation services, medical care or psychological counseling, social welfare resources, and other necessary assistance or protective measures; Article 7, Paragraph 1, Subparagraph 2, Items 2 and 4 (requiring employers who become aware of workplace bullying through means other than a complaint to inform the bullied worker of the worker's legal rights and available remedies, assist the worker, in accordance with the worker's wishes, in seeking mediation or filing a complaint, and provide or refer the worker to legal consultation services, medical care or psychological counseling, social welfare resources, and other necessary assistance or protective measures); Article 12 (requiring employers, upon accepting a complaint, to conduct the investigation in accordance with the principles of objectivity, impartiality, and fairness, while protecting the privacy of the parties, persons assisting the complainant, and persons invited to assist in the investigation throughout the investigation process).
8 Workplace Bullying Prevention Measures Regulations, Article 12："Upon accepting a complaint, the employer shall conduct the investigation based on the principles of objectivity, impartiality, and fairness. During the investigation process, the employer shall protect the personal privacy of the parties, persons assisting the complainant, and persons invited to assist in the investigation."
9 Occupational Safety and Health Act, Article 39, Paragraphs 4 and 5："An employer shall not dismiss, demote, reduce the wages of, impair any rights or benefits legally, contractually, or customarily enjoyed by, or otherwise impose any adverse action against a worker who files a complaint under this Act or assists another person in filing such complaint. Any adverse action imposed by an employer in violation of the preceding paragraph shall be null and void."
10 Occupational Safety and Health Act, Article 39, Paragraph 6："Where a worker suffers an adverse action due to conduct described in Paragraph 4, the employer shall bear the burden of proving that such adverse action was unrelated to the conduct specified in Paragraph 4."
11 Workplace Bullying Prevention Measures Regulations, Article 26："The employer shall prepare implementation records regarding preventive measures, complaint acceptance, mediation, investigation, appeal procedures, and the results thereof, and shall retain such records for three years."
12 Workplace Bullying Prevention Measures Regulations, Article 14："Where an employer employs 100 or more workers, upon investigating a workplace bullying complaint, the complaint-handling unit shall select investigation members and establish an investigation committee within 15 working days from the date the complaint is accepted. The investigation committee shall consist of at least three members. External professionals shall constitute no less than one-half of the committee, and neither gender shall account for less than one-third of the membership. Where the investigation committee includes members from the business entity, such members shall complete at least three hours of workplace bullying prevention training through one of the following methods: (1) Participation in courses organized by the competent authority or labor inspection authority; or (2) Completion of digital learning courses provided on the website established by the central competent authority. External professionals serving on the investigation committee shall possess experience in labor rights protection or related matters. Employers may select such professionals from the workplace bullying investigation professional database established by the central competent authority."
13 Workplace Bullying Prevention Measures Regulations, Article 21："For employers with fewer than 30 workers, a decision regarding a workplace bullying complaint shall be made within three months from the day following receipt of the complaint. Where necessary, the period may be extended by one month, provided that the parties are notified. The provisions regarding the establishment of complaint-handling units and investigation committees may be applied mutatis mutandis. For employers employing 30 or more but fewer than 100 workers, a decision regarding a workplace bullying complaint shall be made within four months from the day following receipt of the complaint. Where necessary, the period may be extended by one month, provided that the parties are notified. The provisions regarding the establishment of investigation committees may be applied mutatis mutandis."
14 See supra note 12.
15 Occupational Safety and Health Act, Article 22-2, Paragraph 2："The employer's investigation or mediation of workplace bullying incidents shall be conducted in accordance with the principles of objectivity, impartiality, and fairness. During the investigation, the employer shall provide the parties with full opportunities to present statements and defenses and shall comply with conflict-of-interest recusal requirements."
16 Workplace Bullying Prevention Measures Regulations, Article 15, Paragraph 1："Any person participating in the investigation, handling, or appeal procedures of a workplace bullying complaint shall voluntarily recuse himself or herself where such person is: a party to the case; or the spouse, former spouse, relative by blood within the fourth degree, relative by marriage within the third degree, guardian, or family member of a party."
17 Occupational Safety and Health Act, Article 22-2, Paragraph 5："Where the investigation results of a workplace bullying incident are found to violate the regulations prescribed in the preceding paragraph and the investigation procedure contains a material defect, the competent authority or labor inspection authority may require the employer to conduct a new investigation. The employer shall not refuse such requirement."
18 Workplace Bullying Prevention Measures Regulations, Article 16, Paragraph 1, Subparagraph 7："The names and other identifying information of the parties or persons assisting in the investigation shall be kept confidential, except where disclosure is necessary for the investigation or considerations of public safety."
19 See supra note 15.
20 Workplace Bullying Prevention Measures Regulations, Article 16, Paragraphs 1–4："When conducting an investigation, the employer shall provide the parties with opportunities to state their opinions and present defenses, and shall comply with the following requirements: (1) Notify the parties in writing, specifying the purpose of the investigation, time, location, and consequences of failure to attend. (2) When interviewing the parties and relevant individuals, audio or video recording shall be used as supplementary evidence, and interview records shall be prepared. Interviewees shall not independently record audio or video during the interview. (3) During the investigation process or meetings, the parties or persons assisting the investigation shall not be required to confront each other. (4) The parties and relevant persons shall cooperate with the investigation and provide relevant documents, information, or statements."
21 Yi-Cheng Management Consulting Co., Ltd., “職場霸凌懶人包｜7月新法上路，給企業主、人資必讀的防治指南,” https://yicheng.net.tw/2026-workplace-bullying/#bullying-definition (last visited July 11, 2026).
22 Workplace Bullying Prevention Measures Regulations, Article 18, Paragraph 1："The complaint-handling unit shall, no later than one month after completion of the investigation report, make a decision as to whether the workplace bullying complaint is substantiated based on the investigation results, and may provide recommendations to the employer regarding disciplinary actions or other measures." Workplace Bullying
23 Prevention Measures Regulations, Article 18, Paragraph 3 "Within ten working days from the date of making the decision regarding whether the workplace bullying complaint is substantiated, the employer shall provide written notice of the decision to the parties, specifying the facts and reasons, and shall provide information regarding the methods and deadlines for filing an appeal or seeking remedies."
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