Compared to the Prevention Guidelines, which prescribe that “a response committee should ideally be formed within three days to conduct coordination or an investigation” and that “the investigation must be completed within two months, with an extension of one month permissible if necessary,” the new Occupational Safety and Health Act (hereinafter referred to as the “OSHA”) and the draft Regulations on Workplace Bullying Prevention (hereinafter referred to as the “Regulations”) set forth distinct timeline requirements for each stage of the complaint process.

I. Confirmation of Grounds for Recusal

(1) Any personnel participating in the investigation, processing, or reconsideration process of the complaint must recuse themselves if they are a party to the matter (referring to the complainant and the respondent; the same applies hereinafter), or if they share a relationship with a party as a spouse, former spouse, blood relative within the fourth degree, relative by marriage within the third degree, or as members of the same cohabiting household. Where a person who is required to self-recuse fails to do so, a party may submit a written application to the employer requesting that the person be ordered to recuse themselves, setting forth the underlying reasons and facts. Even in the absence of such an application by a party, the employer shall order the person to recuse themselves. (Article 12, Paragraph 1, the forward part of Paragraph 2, and Paragraph 4 of the Regulations)

(2) Where no grounds for mandatory self-recusal exist, but other specific facts suffice to justify an apprehension of bias in the performance of their investigation, processing, or reconsideration process, a party may submit a written application to the employer requesting that the person be ordered to recuse themselves, setting forth the underlying reasons and facts.

(3) Prior to the employer’s decision to grant or dismiss the application for recusal, the person subject to such application shall suspend their participation in or execution of the investigation, processing, or reconsideration process of the complaint. However, in urgent circumstances, such person may still take necessary interim measures. (Article 12, Paragraph 3 of the Regulations)

II. Filing and Receipt of Complaints

(1) Methods of Filing a Complaint

A complainant may file a complaint verbally, via email, or in writing. Where a complaint is submitted verbally or via email, the personnel or unit accepting the complaint shall create a written record thereof, which shall be read aloud to or reviewed by the complainant to confirm that its contents are accurate. The aforementioned writing or record shall explicitly state the complainant’s name, department and job title, residential address, contact telephone number, the date of the complaint, the factual substance of the complaint, and any relevant evidence. The complainant shall also sign or affix their seal thereto. (Article 7, Paragraphs 1 and 2 of the Regulations)

(2) Time Limits for Filing a Complaint

The employer may decline to accept a complaint if more than three (3) years have elapsed since the cessation of the workplace bullying conduct, or, where the worker was employed at the time the workplace bullying incident occurred, if more than one (1) year has elapsed since the date of their departure from the company (unless fewer than three years have elapsed since the cessation of the workplace bullying conduct). (Article 7, Paragraph 3, and Article 9, Paragraph 1, Subparagraph 6 of the Regulations)

(3) Circumstances under which a Complaint May Be Declined

The employer may decline to accept a complaint under any of the following circumstances: the matter does not constitute workplace bullying; the complaint lacks concrete substance; the complaint is submitted anonymously; the same incident has already been declined, resolved, or withdrawn; or the time limit for filing a complaint has expired. (Article 9, Paragraph 1 of the Regulations)

(4) Notification to the Complainant

The complaint handling unit shall determine whether to accept a complaint within ten (10) days of its receipt and notify the complainant in writing. Where notification is impossible, such notification may be waived. If the complaint is declined, the underlying reasons shall be explicitly specified in the written notification. (Article 9, Paragraph 2 of the Regulations)

(5) Reporting Obligations

Upon receipt of a complaint from an aggrieved worker and in the absence of any circumstances for declining the complaint under Article 9, the employer shall, within seven (7) days from the day following such acceptance, log the complaint details into the portal designated and publicly announced by the central competent authority, and shall notify the complainant. (Article 8 of the Regulations)

III. Complaint Investigation and Decision-Making

(1) Employers with an employee count of 100 or more shall establish an investigation committee.

Employers with an employee count of 100 or more shall establish an investigation committee within seven (7) days from the date of complaint acceptance. The investigation committee shall consist of at least three members, and external professionals shall constitute no less than one-half of the total membership; neither gender shall account for less than one-third of the committee composition; the investigation committee members representing the business entity shall receive at least three hours of education and training on workplace bullying prevention (such training courses may be conducted internally by the business entity or via courses organized by the central competent authority); the external professionals shall possess experience in handling labor relations or related matters (the employer may select such experts from the workplace bullying investigation specialist database established by the central competent authority). (Article 10, Paragraphs 2 through 4 of the Regulations)

(2) Voluntary Mediation

1. During the investigation of a complaint, if the complainant expresses a willingness to mediate, the complaint handling unit shall offer and attempt to facilitate mediation. The arranged mediators (whether internal personnel of the business entity or external professionals) shall be subject to the consent of the parties. Where either party expresses no willingness to mediate, or where no consensus has been reached after more than one month from the date of commencement of the mediation, the mediation shall be terminated; if the parties reach a consensus, a record shall be created, explicitly stating the factual substance of the complaint and the matters agreed upon in mediation. (Article 11, Paragraph 1 of the Regulations)
2. Where mediation is unsuccessful, the employer shall resume the investigation and take other immediate, effective, and appropriate measures. (Article 11, Paragraph 2 of the Regulations)

iii. Where an employer becomes aware of a bullying situation through means other than receiving a complaint from an aggrieved worker, and upon clarifying the facts and consulting with the worker, confirms that the worker has no intention of filing a complaint but is willing to undergo mediation, the employer shall still offer and attempt to facilitate mediation in accordance with the aforementioned methods. (Article 11, Paragraph 3 of the Regulations)

(3) Conducting Complaint Investigations and Preparing Investigation Reports

1. The employer shall complete the investigation report within two (2) months from the date of the investigation committee’s establishment and the commencement of interviews with the parties; when necessary, the period may be extended by one month, and the parties shall be notified. However, the mediation period during the investigation process shall be excluded from this calculation. (Article 14, Paragraph 1 of the Regulations)
2. Where no complaint handling unit or investigation committee has been established, the employer and worker representatives may jointly organize to handle relevant matters such as investigation, deliberation, and decision-making. (Article 15, Paragraph 3 of the Regulations)

(4) Rendering Decisions on the Substantiation of Complaints

1. The employer shall cause the complaint handling unit to refer to the investigation results and render a decision on whether the workplace bullying complaint is substantiated or unsubstantiated no later than one (1) month from the date the investigation report is completed, and may formulate recommendations for disciplinary action or other dispositions. Such a decision may only be rendered upon the attendance of no less than one-half of the members of the complaint handling unit at the deliberation meeting and with the consent of a majority of those present; the complaint handling unit shall  within ten days from the date the decision is rendered, notify the parties in writing of the decision, explicitly stating the facts and reasons, and provide the methods and time limits for remedy; and ‚within fifteen days from the date the decision is rendered, log the details into the system in accordance with the content and methods publicly announced by the central competent authority. (Article 15, Paragraphs 1, 2, and 4, and Article 16, Paragraph 2 of the Regulations)
2. Where no complaint handling unit or investigation committee has been established, the employer and worker representatives may jointly organize to handle relevant matters such as investigation, deliberation, and decision-making. (Article 15, Paragraph 3 of the Regulations)

IV. Remedial Channels for Procedural Non-Compliance or Flaws in Complaint Investigations: Orders for Re-investigation by the Competent Authority

Where the results of an investigation into a workplace bullying incident conducted by an employer are determined by the competent authority or the labor inspection agency to be in violation of the Regulations, and the investigation procedures involve any of the material irregularities specified in the subparagraphs of Article 19, Paragraph 4, the competent authority or the labor inspection agency may order a re-investigation, the procedures for which shall apply mutatis mutandis to the provisions of Articles 18 and 19 of the Regulations. The employer shall not refuse the aforementioned order for a re-investigation. (Article 20 of the Regulations, and Article 22-2, Paragraph 5 of the OSHA)

Where a business entity involved in a workplace bullying incident  fails to grant the parties a full opportunity to state their opinions and present defenses, fails to comply with conflict of interest rules, or fails to meet the requirement that external professionals constitute no less than one-half of the investigation committee; ‚ fails to log the receipt of a complaint from an aggrieved worker or the results of the incident’s processing into the website designated by the central competent authority, and fails to remedy the omission within a specified period after being notified to do so; or ƒ refuses the order for a re-investigation issued by the competent authority or the labor inspection agency, the competent authority may, in any of such circumstances, impose an administrative fine of no less than NT$30,000 and no more than NT$750,000. Upon the imposition of an administrative fine due to the aforementioned circumstances, the competent authority shall publicly disclose the name of the business entity, the name of its responsible person, the date of the administrative disposition, the violated statutory provisions, and the amount of the fine. (Article 22-2, Paragraphs 2, 3, and 5, Article 45, Paragraph 1, Subparagraphs 1 and 2, and Article 49, Paragraph 1, Subparagraph 2 of the OSHA)

Business entities should take particular note that if an investigation procedure contains material irregularities due to non-compliance with the OSHA or the Regulations, they may not only be subject to administrative fines but also ordered by the competent authority to conduct a re-investigation.

Important Note: The provisions of the OSHA and the relevant draft subsidiary legislation discussed in this article (specifically the Regulations on Workplace Bullying Prevention) have not yet taken effect. The competent authority anticipates implementing these provisions on July 1, 2026. Stakeholders are advised to closely monitor the latest regulatory updates.