Under the new framework, “workplace bullying” is now governed by a more explicit definition and specific categories than those applied under previous regulations.

I. Prior to the addition of Article 22-1 to the Occupational Safety and Health Act (hereinafter referred to as the “OSHA”), the definition of workplace bullying primarily referenced Appendix 6 of the Guidelines for the Prevention of Unlawful Infringements During the Performance of Duties (Fourth Edition) (hereinafter referred to as the “Prevention Guidelines”), which were formulated by the Ministry of Labor.

The Prevention Guidelines defined workplace bullying as: “Continuous acts of offense, threat, neglect, isolation, or insult committed against a worker by colleagues, supervisors, or subordinates within the workplace during the performance of duties, through the abuse of position, power, or unfair treatment, which cause the affected worker to feel frustrated, threatened, humiliated, isolated, and injured, thereby endangering the worker’s physical and mental health or safety.”

II. In the amendment to the OSHA, Article 22-1, Paragraph 1 statutorily defines workplace bullying as: “Where a worker performs duties within the workplace and suffers continuous offenses, threats, neglect, isolation, insults, or other inappropriate language or behavior committed by personnel of the enterprise unit through the exploitation of position or power, thereby exceeding the necessary and reasonable scope of business operations and resulting in harm to the worker’s physical and mental health. However, where the circumstances are severe, continuity of such language or behavior is not a prerequisite.”

III. Regarding the specific categories and determination of workplace bullying, Article 2 of the draft Regulations on Workplace Bullying Prevention (hereinafter referred to as the “Regulations”) further provides: “In addition to being determined in accordance with Article 22-1, Paragraph 1 of the Act, workplace bullying behavior may be evaluated through a comprehensive assessment of the background, frequency, motivation, and purpose of the incident, as well as the following circumstances:

1. Verbal Abuse: Committing acts or using language against a specific person that involve offenses, abusive language, insults, intimidation, threats, or prolonged inappropriate scolding.
2. Social Exclusion: Deliberately ostracizing, isolating, ignoring, or neglecting a specific person, or excluding that person from participating in necessary and material meetings, affairs, or activities.
3. Interference with Duties: Disrupting or deliberately obstructing the work of a specific person, creating difficulties by exploiting one’s position, or intentionally concealing information or providing false information.
4. Abuse of Power: Oppressing a specific person through the use of authority, or deliberately assigning unreasonable work objectives or tasks that are manifestly incompatible with that person’s capabilities.
5. Defamation: Deliberately spreading rumors about a specific person, humiliating or ridiculing that person in public, disparaging that person’s character, or disclosing personal privacy without consent.
6. Engaging in other conduct or using other language similar to the preceding five items.”

Conclusion

Regarding the definition of workplace bullying, although the Prevention Guidelines provide that the infringing behavior must possess “continuity,” Article 22-1 of the OSHA explicitly stipulates that where the circumstances are severe, continuity is not a prerequisite. Responsible personnel within an enterprise unit must remain mindful of this distinction when receiving workplace bullying complaints from workers and when determining whether such complaints are substantiated.

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.