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 Regulations on Workplace Bullying Prevention Measures (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

In contrast to the Prevention Guidelines, which state that a handling team “should ideally be formed within three days to conduct coordination or an investigation,” Paragraph 1, Article 14 of the Regulations stipulates that an employer with 100 or more employees shall, within fifteen (15) working days from the date on which the complaint is accepted, have the complaint handling unit select investigation members and form an investigation team to be responsible for the investigation.

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 14, Paragraph 2 of the Regulations)

(2) Members of the business entity’s investigation committee must complete at least three hours of education and training on workplace through one of the following methods:  attending courses organized by the competent authority or labor inspection agencies; or ‚ completing digital learning courses on the website established 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 14, Paragraphs 3 and 4 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, Article 21 of the Regulations merely stipulates that:  employers with fewer than 30 employees may handle such matters with reference to the provisions regarding the establishment of a complaint handling unit and the formation of an investigation team; and ‚ employers with 30 or more but fewer than 100 employees may handle such matters with reference to the provisions regarding the formation of an investigation team.

 

【Complaint Handling Units】

In contrast to the Prevention Guidelines, which do not explicitly provide for complaint handling units, Article 9, Paragraph 1 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, and neither gender shall represent less than one-third of its total membership. According to the Ministry of Labor’s Guidance Manual on Workplace Bullying Prevention Measures, if the selection of members is restricted by the internal gender ratio of the business entity or due to professional considerations, external experts and scholars with relevant professional backgrounds may be invited to serve as members.

Important Note: The provisions of the OSHA the Regulations on Workplace Bullying Prevention Measures mentioned herein have been promulgated and will take effect on July 1, 2026.