In accordance with the Guidelines for the Prevention of Unlawful Infringements During the Performance of Duties (Fourth Edition) (hereinafter referred to as the “Prevention Guidelines”) formulated by the Ministry of Labor, enterprises with an employee count exceeding a certain threshold are required to establish an investigation committee to conduct investigations into bullying complaints. However, 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 provisions that differ from those outlined in the aforementioned Prevention Guidelines.

【Investigation Committees】

I. Timing of Formation

While the Prevention Guidelines prescribe that a response committee “should ideally be formed within three days to conduct coordination or an investigation,” Paragraph 2 of Article 10 of the Regulations stipulates that an employer shall form an investigation committee within seven days from the date on which the complaint is accepted.

II. Composition and Qualifications of Investigation Committee Members

For employers with an employee count of 100 or more, while the Prevention Guidelines prescribe that “the investigation committee shall consist of at least three (3) members, with at least two (2) being external professionals (preferably with backgrounds in law, medicine/nursing, or psychology),” the Regulations stipulate the following:

(1) The investigation committee must consist of at least three (3) members, among whom external professionals shall account for not less than one-half, and neither gender shall account for less than one-third. (The latter part of Article 22-2, Paragraph 2 of the OSHA; Article 10, Paragraph 3 of the Regulations)

(2) Internal members of the business entity’s investigation committee must complete at least three hours of education and training on workplace bullying prevention (such training courses may be conducted internally by the business entity or attended through courses organized by the central competent authority). External professionals must possess experience in handling labor and employment matters or relevant affairs (and may be selected from the Workplace Bullying Investigation Professional Talent Database established by the central competent authority). (Article 10, Paragraphs 4 and 5 of the Regulations)

III. Convening Meetings of the Investigation Committee

For employers with an employee count of 100 or more, while the Prevention Guidelines prescribe that “when convening an investigation committee meeting, a quorum of more than one-half of all members must be present, among whom external professionals must also account for more than one-half of the attendees,” neither the OSHA nor the Regulations explicitly stipulate the required attendance or quorum for the investigation committee when convening a meeting.

IV. Miscellaneous Provisions

For employers with an employee count of fewer than 100, the Prevention Guidelines prescribe that ” (for employers with fewer than 30 employees) the matter may be handled by a committee jointly formed by the employer and labor representatives; if operational difficulties arise in practice, it is recommended to commission external professionals to assist with the investigation,” and “(for employers with 30 or more but fewer than 100 employees), the investigation committee must consist of at least three members.” However, the Regulations only mandate the establishment of an investigation committee for employers with an employee count of 100 or more.

 

【Complaint Handling Units】

Compared to the Prevention Guidelines, which do not explicitly regulate complaint handling units, Article 7, Paragraph 5 of the Regulations stipulates that employers with an employee count of 30 or more must establish a complaint handling unit consisting of at least three (3) members, with neither gender accounting for less than one-third. For employers with an employee count of fewer than 30, the complaint handling unit may be jointly formed by the employer and labor representatives, provided that due attention is given to maintaining a reasonable gender balance among its members.

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.