Articles 23 and 24 of the draft “Regulations on Workplace Bullying Prevention” (hereinafter referred to as the “Bullying Prevention Regulations”) set forth special regulations regarding the concurrence of complaint procedures and the applicable transition between new and old laws.

I.Article 23 of the Bullying Prevention Regulations stipulates: “Where a workplace bullying complaint incident involves regulations governing workplace sexual harassment, the employer’s investigation and handling procedures may be processed on a consolidated basis, insofar as it does not conflict with the scope of these Regulations.”

1. For employers with a workforce of thirty (30) or more employees, regardless of whether the incident involves workplace bullying or sexual harassment, the employer shall establish a complaint handling unit; however, different regulations apply regarding the number of members and the gender ratio. In contrast to Article 12, Paragraph 2 of the Regulations on Workplace Sexual Harassment Prevention (hereinafter referred to as the “Sexual Harassment Prevention Regulations”), which stipulates that “the unit shall include professionals with gender awareness, and the proportion of female members shall not be less than one-half (1/2)” (with no specified minimum number of members), Article 7, Paragraph 5 of the Bullying Prevention Regulations stipulates that “the unit shall consist of at least three (3) members, and the proportion of either gender shall not be less than one-third (1/3).”
2. For employers with a workforce of one hundred (100) or more employees, regardless of whether the incident involves workplace bullying or sexual harassment, the employer shall establish an investigation panel to conduct a complaint investigation; however, different regulations apply regarding the timeframe for establishment, as well as the number of members and the gender ratio.

(1) Regarding the timeframe for establishment, Article 10, Paragraph 2 of the Bullying Prevention Regulations stipulates that “the investigation panel shall be constituted within seven (7) days from the date the complaint is accepted,” whereas the Sexual Harassment Prevention Regulations do not explicitly specify a deadline for establishing the investigation panel.

(2) Regarding the total number of members and the gender ratio, Article 10, Paragraph 3 of the Bullying Prevention Regulations stipulates that “the panel shall consist of at least three (3) members, with external professionals accounting for no less than one-half (1/2), and the proportion of either gender shall not be less than one-third (1/3),” whereas Article 13, Paragraph 2 of the Sexual Harassment Prevention Regulations only stipulates that “a complaint investigation panel shall be formed to conduct the investigation, and its members shall include external professionals with gender awareness,” without explicitly specifying a minimum number of members or a gender ratio for the investigation panel.

(3) Furthermore, it should be noted that both the Bullying Prevention Regulations and the Sexual Harassment Prevention Regulations stipulate that regular employees and personnel handling complaint cases shall receive education and training (Article 6 of the Bullying Prevention Regulations and Article 9 of the Sexual Harassment Prevention Regulations). However, in contrast to Article 10, Paragraph 4 of the Bullying Prevention Regulations, which explicitly mandates that “members of the business entity’s investigation panel shall receive at least three (3) hours of workplace bullying prevention education and training,” Article 9, Paragraph 2, Subparagraph 1 of the Sexual Harassment Prevention Regulations merely stipulates that personnel responsible for complaints, investigations, and handling are the primary targets for the initial implementation of education and training, without explicitly specifying the required number of training hours.

II. Article 24 of the Bullying Prevention Regulations stipulates: “Prior to the enforcement of these Regulations, workplace unlawful infringement incidents that have already been accepted as workplace bullying complaint cases but remain unresolved, as well as workplace bullying incidents that occurred prior to enforcement but for which complaints are accepted after enforcement, shall all be concluded in accordance with the post-enforcement provisions. However, the validity of procedures already conducted shall not be affected.”

When establishing a complaint handling unit or an investigation panel, if a business entity can simultaneously satisfy the relevant provisions of both the Sexual Harassment Prevention Regulations and the Bullying Prevention Regulations, it can avoid the awkward dilemma where a bullying complaint and a sexual harassment complaint involving the same parties must be referred to different handling units or investigation panels, which would otherwise complicate the procedures.

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.