In order to ensure the practical effectiveness of complaint investigation and handling, the new “Occupational Safety and Health Act” (hereinafter referred to as the “OSHA”) and the draft “Regulations Governing the Handling of Workplace Bullying Complaints Against the Highest Responsible Person by Local Competent Authorities” (hereinafter referred to as the “Handling Regulations”) have introduced heavy administrative fines and external complaint procedures specifically targeting scenarios where the highest responsible person is the perpetrator of workplace bullying.

I. Definition of the “Highest Responsible Person”:

In addition to the legal representative of a corporate entity, any person who de facto executes the duties of a representative or exercises substantial control over the organization’s personnel, finances, or business operations, and under special circumstances (such as a current or former director/supervisor, holding a stake of 20% or more, or being the spouse or a specified relative of the representative), shall also be included. (Articles 2 and 3 of the Handling Regulations)

II. Time Limit for External Complaints:

Where a period of more than three (3) years has elapsed since the termination of the workplace bullying behavior, or where the employee was employed at the time the workplace bullying incident occurred and more than one (1) year has elapsed since the date of resignation (except where less than three (3) years have elapsed since the termination of the workplace bullying behavior), the local competent authority shall dismiss the complaint. (Article 22-3, Paragraph 2 of OSHA; Article 9, Paragraph 1, Subparagraph 4 of the Handling Regulations)

III. Upon the Local Competent Authority’s Receipt of a Complaint, the Employer Shall Adopt Corresponding Necessary Measures After Receiving the Notice:

(1) When an employee files a workplace bullying complaint against the highest responsible person with the local competent authority, the local competent authority shall notify the complainant’s employer to adopt immediate, effective, and appropriate measures in accordance with Article 22-2, Paragraph 1, Subparagraph 2 of OSHA. (Article 4 of the Handling Regulations)

(2) When the local competent authority receives a workplace bullying complaint that does not involve the highest responsible person, it shall notify the complainant’s employer to adopt immediate, effective, and appropriate measures in accordance with Article 22-2, Paragraph 1 of OSHA; the local competent authority shall also notify the local labor inspection agency. (Article 5 of the Handling Regulations)

IV. Acceptance and Investigation of Complaints:

(1) A complaint shall be submitted in writing, containing all required matters, and shall be signed; where there is any non-compliance with the regulations, the local competent authority may notify the complainant to rectify or supplement the complaint within fifteen (15) days from the date of receipt of the notice. (Article 7 of the Handling Regulations)

(2) The local competent authority shall, within ten (10) days from the date of receipt of the complaint (excluding the period for notifying rectification or supplementation), notify the complainant in writing as to whether the complaint is accepted; if there are grounds for non-acceptance, the reasons therefor shall be explicitly stated in the written notice. (Article 9 of the Handling Regulations)

(3) The local competent authority shall initiate an investigation within seven (7) days from the date the complaint is accepted, and shall complete the investigation within two (2) months; when necessary, the period may be extended by one (1) month, and the complainant shall be notified. Based on the investigation results, the local competent authority shall render a decision as to whether the workplace bullying complaint is sustained at the latest within one (1) month from the date the investigation report is completed, and shall notify the parties and their affiliated entity of the outcome of the decision in writing, explicitly stating the facts and reasons therefor; where the workplace bullying behavior is determined to be sustained, an administrative penalty shall be imposed in accordance with the law. (Articles 10 and 16 of the Handling Regulations)

However, where the workplace bullying incident has entered judicial investigation or trial proceedings, the local competent authority may, if it deems necessary, suspend the processing of the complaint prior to the conclusion of such proceedings. (Article 15 of the Handling Regulations)

V. The workplace bullying complaint incidents against the highest responsible person accepted by the local competent authority, as well as their handling results, shall be registered in the system in accordance with the content and format publicly announced by the central competent authority. (Article 17 of the Handling Regulations)

VI. Where the highest responsible person is determined to have committed workplace bullying behavior, an administrative fine of no less than NT$10,000 but no more than NT$1,000,000 shall be imposed. (Article 46, Paragraph 1 of OSHA)

Important Note: The provisions of the OSHA and the relevant draft subsidiary legislation discussed in this article (specifically the Regulations on Workplace Bullying Prevention and the Regulations Governing the Handling of Workplace Bullying Complaints Against the Highest Responsible Person by Local Competent Authorities) 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.