Law Articles
2026-08-10
Law Articles
What Should HR Do First Upon Receiving a Workplace Bullying Complaint? A Practical Guide to Employers' Response Procedures and Investigation SOPs (Part 2)
【Zhong Yin Law Firm Partner Charlotte Wu / Attorney Dan Yang / Legal Intern Sophy Yao】
charlotte.wu@zhongyinlawyer.com.tw
charlotte.wu@zhongyinlawyer.com.tw
In Part I of this article, we discussed the first three steps employers should take upon receiving a workplace bullying complaint. First, the triggering point for an employer's statutory obligations lies in the employer's "awareness" of the alleged workplace bullying under Article 22-2, Paragraph 1 of the Occupational Safety and Health Act, rather than whether the employee has submitted a formal written complaint. Moreover, the employer's obligations differ depending on whether the employer becomes aware of the incident through a complaint or through other means. Second, during the critical initial response period after becoming aware of the incident, the employer must immediately implement appropriate protective measures, including separating the parties where necessary, providing consultation and protective assistance, prohibiting retaliation against the complainant, and maintaining records of the entire handling process for at least three years. Third, once the investigation begins, the composition of the investigation committee, conflict-of-interest recusal requirements, confidentiality obligations, and the parties' right to be heard are all fundamental components of procedural fairness. In addition, the investigation (fact-finding) and the determination (legal evaluation) constitute distinct stages under the statutory framework and should not be conflated.
Nevertheless, even employers that have established the foregoing procedures may still face administrative penalties if they fail to comply with statutory deadlines or inadvertently commit procedural errors. This article (Part II) therefore examines the two critical statutory deadlines that employers must observe and summarizes the five most common procedural pitfalls for HR professionals and business owners to review.
I. Two Critical Deadlines: Reporting and Registration
From the moment an employer receives a workplace bullying complaint until the matter is concluded, the employer is required to complete the required reporting and registration through the website designated by the central competent authority.
1. Initial Reporting Obligation (Upon Acceptance of the Complaint) 1：Upon receiving a workplace bullying complaint from the bullied worker, the employer must submit an initial report within seven working days from the day following acceptance of the complaint, regardless of the seriousness of the allegations or whether the employer's preliminary assessment suggests that the complaint is likely to be substantiated 2.
2. Final Registration Obligation (Upon Issuance of the Decision)：After completing the investigation and issuing a written decision stating the factual findings and reasons, the employer must register the outcome on the designated website within ten working days from the date the decision is made 3.
II. Five Common Procedural Pitfalls
Pitfall 1: Attempting to Privately "Settle" the Matter
Upon receiving a complaint, the employer should immediately initiate the statutory investigation process. Mediation should be conducted only if the complainant expresses a willingness to participate 4. Attempting to privately persuade both parties to "meet halfway" not only lacks legal effect but may also be regarded as a failure by the employer to fulfill its statutory duties, exposing the employer to administrative fines ranging from NT$30,000 to NT$750,000 5.
Pitfall 2: Failing to Create Written Records
Whether a complaint is submitted verbally, by email, or through messaging applications such as LINE, the receiving personnel should promptly prepare written records 6. If a dispute subsequently arises and the employer is unable to produce documentation evidencing the receipt of the complaint or the investigation process, the investigation procedure may be found legally deficient 7.
Pitfall 3: Allowing the Respondent to Influence the Investigation
If the investigation is conducted by individuals such as the respondent's direct subordinates or colleagues from the same department, and objective circumstances indicate a risk of bias in the performance of their duties, a conflict of interest may exist 8. Such procedural defects may render the investigation legally invalid 9.
Pitfall 4: Missing Statutory Deadlines
Employers must strictly comply with all statutory deadlines, including: registering the complaint in the designated system within seven working days after acceptance 10; notifying the complainant in writing within ten working days 11 as to whether the complaint has been accepted; and completing the investigation report within two months after the investigation committee has been established 12. These deadlines are mandatory legal requirements. Failure to comply constitutes a violation regardless of whether the complaint is ultimately determined to constitute workplace bullying.
Pitfall 5: Failing to Protect the Complainant Against Retaliation
After a complaint has been filed, employers must take appropriate protective measures to prevent retaliation. If the complainant is subsequently transferred, subjected to a salary reduction, marginalized, excluded from work, or otherwise disadvantaged, and the employer fails to prevent or stop such retaliatory conduct, the employer may be held in violation of the law 13.
Conclusion
Although procedural requirements may appear burdensome, every step directly affects the legal validity of the investigation and its outcome. Where an employer takes procedural shortcuts that result in material defects 14 in the investigation process, the consequences may be even more severe than failing to conduct an investigation in the first place. In addition to administrative penalties, the employer may be required to conduct the entire investigation anew 15. This not only doubles the expenditure of time and human resources, but also, under the new legal framework, requires compliance with even more stringent requirements 16 governing the composition of the investigation committee. More importantly, the true cost of procedural non-compliance often extends far beyond monetary penalties. It includes the erosion of employee trust, damage to the company's hard-earned integrity, and long-term harm to its corporate reputation.
“Procedural integrity is the only foundation upon which an investigation's findings can be trusted. It is far better to conduct the investigation properly the first time than to be required to start over." Given the stringent statutory deadlines and detailed procedural requirements under the new legal framework, establishing a comprehensive, legally compliant, and practical Workplace Bullying Complaint Handling and Investigation SOP has become an essential corporate governance priority.
Leveraging extensive experience in labor and employment law and labor dispute resolution, Zhong Yin Law Firm provides comprehensive legal services, including customized workplace bullying complaint and investigation SOP development and service as independent external investigation committee members. The new regulations expressly require investigation committees to include external professionals with experience in labor rights or related matters 17. Our firm not only possesses a thorough understanding of the applicable legal framework and practical compliance issues but also offers an independent, objective, and highly credible external perspective to safeguard the integrity of workplace investigations. Engaging qualified external investigators is not merely a regulatory requirement—it is also one of the most effective ways to enhance the credibility of investigation outcomes and substantially reduce legal risk.
As Taiwan's new workplace bullying prevention regime takes effect, every step employers take in preparation today will determine whether they respond to future complaints with confidence and legal compliance—or with uncertainty and unnecessary exposure to legal risk.
References and Legal Sources
1 Occupational Safety and Health Act, Article 22-2, Paragraph 3：“When an employer receives a complaint from a worker alleging workplace bullying, the employer shall register the complaint on the website designated by the central competent authority. The outcome of the handling of the case shall likewise be registered on such website.”
2 Measures for the Prevention of Workplace Bullying, Article 11：“Upon receiving a complaint under Article 8, Paragraph 1, the employer shall, within seven working days from the day following the date on which the complaint is accepted, register the matter in the system in accordance with the content and procedures announced by the central competent authority, and notify the complainant.”
3 Measures for the Prevention of Workplace Bullying, Article 19, Paragraph 3：“The employer shall, within ten working days from the date on which the reasoned decision referred to in Article 18, Paragraph 3 is made, register the outcome of the handling of the workplace bullying complaint in the system in accordance with the procedures announced under Article 11.”
4 Measures for the Prevention of Workplace Bullying, Article 7, Paragraph 1, Subparagraph 1, Item 3：“Where an employer becomes aware that a worker has been subjected to workplace bullying, the employer shall take the following immediate and effective appropriate measures: (1) Where the employer becomes aware of the matter upon receiving a complaint from the worker subjected to workplace bullying: (3) initiate an investigation procedure and conduct interviews with and investigate persons relevant to the complaint; where the complainant so wishes, mediation may be conducted, and if mediation fails, the investigation shall proceed.”
5 Occupational Safety and Health Act, Article 45, Paragraph 1, Subparagraphs 1 and 2：“A 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 Article 6, Paragraph 2; Article 12, Paragraph 4; Article 20, Paragraphs 1 or 2; Article 21, Paragraphs 1 or 2; Article 22, Paragraph 1; the latter part of Article 22-1, Paragraph 2; Article 22-2, Paragraph 1, Subparagraph 2, or Paragraph 3; Article 23, Paragraph 1; Article 32, Paragraph 1; Article 34, Paragraph 1; or Article 38, and failing to make improvements within the prescribed period after being notified to do so.
2. Violating Article 15-1, Paragraphs 1 to 3; Article 17; Article 18, Paragraph 3; Article 22-2, Paragraph 1, Subparagraph 1, Paragraph 2, or Paragraph 5; Article 26; Article 27; Article 27-1, Paragraphs 1 or 2; Article 28; Article 29, Paragraph 3; Article 33; or Article 39, Paragraph 4.”
6 Measures for the Prevention of Workplace Bullying, Article 8：“A complainant may file a complaint orally, by email, or in writing. Where a complaint is made orally or by email, the receiving person or unit shall make a record thereof and read the record aloud to the complainant or allow the complainant to review it and confirm that its contents are accurate.”
7 Measures for the Prevention of Workplace Bullying, Article 26：“The employer shall prepare and retain records of the implementation process and outcomes of preventive measures, complaint handling, mediation, investigation, and reconsideration conducted pursuant to these Measures for three years.”
8. Measures for the Prevention of Workplace Bullying, Article 15, Paragraphs 1–3：“A person participating in the investigation, handling, or reconsideration of a complaint shall recuse himself or herself if such person is a party to the case or has a relationship with a party as a spouse, former spouse, blood relative within the fourth degree of kinship, relative by marriage within the third degree of kinship, or a parent or family member. Where a person referred to in the preceding paragraph is required to recuse himself or herself but fails to do so, the employer shall order such person to recuse himself or herself, regardless of whether a party has applied for recusal. Where a person referred to in Paragraph 1 fails to recuse himself or herself, or where, although none of the relationships specified in Paragraph 1 exists, there are other specific facts giving rise to a reasonable concern that such person may be biased in performing the investigation, handling, or reconsideration procedure, a party may submit a written application to the employer requesting the person's recusal, stating the grounds and relevant facts.”
9 Measures for the Prevention of Workplace Bullying, Article 22, Paragraph 4, Subparagraph 3：“A material procedural defect in the investigation procedure referred to in the preceding paragraph includes any of the following circumstances: 3. A violation of Article 15 involving a failure to recuse a person who is required to recuse himself or herself.”
10 Article 11 of the Regulations for the Prevention and Control of Workplace Bullying provides that, upon receiving a complaint referred to in Paragraph 1 of Article 8, an employer shall, within seven business days from the day following the date of acceptance of the complaint, register the complaint in the system in accordance with the content and procedures announced by the central competent authority, and notify the complainant.
11 Article 10, Paragraph 1 of the Regulations for the Prevention and Control of Workplace Bullying provides that an employer shall determine whether to accept a complaint within ten business days from the date of receiving the complaint and shall notify the complainant in writing. If the complaint is not accepted, the written notice shall state the reasons for such decision.
12 Article 17, Paragraph 1 of the Regulations for the Prevention and Control of Workplace Bullying provides that an employer shall complete the investigation report within two months from the day following the establishment of the investigation panel. Where necessary, the period may be extended by one month, and the parties shall be notified accordingly. However, the period during which mediation is conducted during the investigation process shall not be included in the calculation of such period.
13 Article 22-2, Paragraph 1, Subparagraph 1, Item 1 of the Occupational Safety and Health Act provides that where an employer becomes aware that a worker has been subjected to workplace bullying upon receiving a complaint from the worker, the employer shall take measures to prevent the complainant from being subjected to workplace bullying again. Article 22-2, Paragraph 1, Subparagraph 2, Item 3 of the Occupational Safety and Health Act provides that where an employer becomes aware that a worker has been subjected to workplace bullying other than through a complaint, the employer shall appropriately adjust the work duties or workplace of the relevant persons. Article 7, Paragraph 1, Subparagraph 1, Item 1 of the Regulations for the Prevention and Control of Workplace Bullying provides that, where the employer becomes aware of workplace bullying upon receiving a complaint, the employer shall, taking into consideration the complainant’s wishes, adopt appropriate measures, including separation measures, to prevent recurrence of workplace bullying and shall not subject the complainant to unfavorable treatment. Article 7, Paragraph 1, Subparagraph 2, Item 3 of the Regulations for the Prevention and Control of Workplace Bullying provides that, where the employer becomes aware of workplace bullying other than through a complaint, the employer shall appropriately adjust the work duties or workplace of the relevant persons.
14 Article 22, Paragraph 4 of the Regulations for the Prevention and Control of Workplace Bullying provides that a material defect in the investigation procedure includes: (1) failure of the complaint-handling unit or investigation panel composition to comply with applicable requirements; (2) failure to provide either party with an opportunity to state his or her opinions; (3) failure of a person required to recuse himself or herself under Article 15 to do so; or (4) failure to consider material evidence that may affect the investigation outcome or other material procedural defects.
15 Article 22-2, Paragraph 5 of the Occupational Safety and Health Act provides that where an employer’s investigation results are determined to violate the regulations prescribed under the preceding paragraph and the investigation procedure contains material procedural defects, the competent authority or labor inspection agency may require the employer to conduct a reinvestigation, and the employer shall not refuse.
16 Article 22, Paragraph 3 of the Regulations for the Prevention and Control of Workplace Bullying provides that where a review meeting finds material procedural defects in the investigation process or new evidence sufficient to affect the original findings, a reinvestigation panel shall be established. The panel shall consist of at least three members. For employers with 100 or more employees, external professionals shall constitute no less than two-thirds of the panel, and the proportion of either gender shall be no less than one-third. For employers with 30 or more but fewer than 100 employees, at least one external professional shall participate, and the proportion of either gender shall be no less than one-third.
17 Article 14 of the Regulations for the Prevention and Control of Workplace Bullying provides that an employer with 100 or more employees shall, within fifteen business days from the date of accepting a workplace bullying complaint, establish an investigation panel selected by the complaint-handling unit. The investigation panel shall consist of at least three members, with external professionals constituting no less than one-half of the panel, and the proportion of either gender shall be no less than one-third. Members of the investigation panel who are enterprise employees shall receive at least three hours of workplace bullying prevention training. External professionals shall have experience in labor rights or related matters and may be selected from the professional talent database established by the central competent authority.
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