In contrast to the Guidelines for the Prevention of Illegal Infringement Triggered by the Execution of Duties (Fourth Edition) formulated by the Ministry of Labor, which does not provide for remedial procedures in the event of dissatisfaction with complaint results, the new Occupational Safety and Health Act (hereinafter referred to as the OSHA) and the draft Regulations on the Prevention and Control of Workplace Bullying (hereinafter referred to as the Regulations) stipulate that if a party (including the complainant and the respondent; the same applies hereinafter) is dissatisfied with the result of a complaint, they may file an application for reconsideration.

I. Confirmation of Grounds for Recusal

(1) Any personnel participating in the investigation, processing, or reconsideration process shall recuse themselves if they are a party to the matter (referring to the complainant and the respondent; the same applies hereinafter), or if they share a relationship with a party as a spouse, former spouse, blood relative within the fourth degree, relative by marriage within the third degree, or as members of the same cohabiting household. Where a person who is required to self-recuse fails to do so, a party may submit a written application to the employer requesting that the person be ordered to recuse themselves, setting forth the underlying reasons and facts. Even in the absence of such an application by a party, the employer shall order the person to recuse themselves. (Article 12, Paragraph 1, the forward part of Paragraph 2, and Paragraph 4 of the Regulations)

(2) Where no grounds for mandatory self-recusal exist, but other specific facts suffice to justify an apprehension of bias in the performance of their investigation, processing, or appeal procedures, a party may submit a written application to the employer requesting that the person be ordered to recuse themselves, setting forth the underlying reasons and facts.

(3) Prior to the employer’s decision to grant or dismiss the application for recusal, the person subject to such application shall suspend their participation in or execution of the investigation, processing, or reconsideration process of the complaint. However, in urgent circumstances, such person may still take necessary interim measures. (Article 12, Paragraph 3 of the Regulations)

II. Remedial Channels for Dissatisfaction with Decisions of the Complaint Handling Unit: Application for Reconsideration

(1) Where a party is dissatisfied with a decision on whether a workplace bullying complaint is substantiated or unsubstantiated, the party may, within thirty (30) days from the day following the date of receipt of the written notification, file a written application for reconsideration with the employer, and such application may be made only once. (Article 18, Paragraph 1 of the Regulations)

(2) Within seven (7) days upon receipt of an application for reconsideration, the employer shall establish a reconsideration review committee in accordance with the following regulations. The committee shall consist of at least three (3) members, and no member of the original investigation committee shall serve thereon (Article 18, Paragraph 2 of the Regulations):

1. For business entities with a workforce of one hundred (100) or more employees: External professionals shall constitute no less than two-thirds (2/3) of the committee, and neither gender shall account for less than one-third (1/3) of the total number of members.
2. For business entities with a workforce of thirty (30) or more but less than one hundred (100) employees: The committee shall include at least one (1) external professional, and neither gender shall account for less than one-third (1/3) of the total number of members.

(3) When the reconsideration review committee convenes a meeting, the members of the committee shall elect a chairperson to preside over the meeting. During the meeting, the applicant for reconsideration shall be granted an opportunity to state their opinions, and members of the original investigation committee or other relevant personnel may be invited to attend the meeting and provide explanations. Where a material defect is discovered in the investigation and handling procedures, or where new evidence sufficient to affect the original investigation’s findings is uncovered, a re-investigation shall be conducted. (Article 19, Paragraph 1 of the Regulations)

(4) The reconsideration review committee shall render a reasoned decision within thirty (30) days from the date the meeting is convened. The employer shall, within ten (10) days from the date of the reconsideration decision, notify the applicant for reconsideration in writing, explicitly stating the facts and reasons therefor; if a re-investigation is required, the deadline for rendering the decision may be extended by thirty (30) days. Regarding the results of the reconsideration, the employer shall, within fifteen (15) days from the date the reconsideration decision is rendered, register the results in the designated system in accordance with the content and format publicly announced by the central competent authority. (Article 19, Paragraphs 2 and 3 of the Regulations)

III. Remedial Channels for Defects in Complaint Investigation and Handling Procedures: Order for Re-investigation by the Competent Authority

Where the investigation results of a workplace bullying incident conducted by an employer are determined by the competent authority or the labor inspection agency to be in violation of the Regulations, and the investigation procedures involve any of the material procedural irregularities specified in the subparagraphs of Article 19, Paragraph 4, the competent authority or the labor inspection agency may require a re-investigation, the procedures for which shall apply mutatis mutandis to the provisions of Articles 18 and 19 of the Regulations. The employer shall not refuse the aforementioned requirement for a re-investigation. (Article 20 of the Regulations; Article 22-2, Paragraph 5 of the OSHA)

Where a business entity  fails to grant the parties a full opportunity to state their opinions and present defenses, fails to comply with conflict of interest rules, or fails to meet the requirement that external professionals constitute no less than one-half of the investigation committee; ‚ fails to log the receipt of a complaint from an aggrieved worker or the results of the incident’s processing into the website designated by the central competent authority, and fails to remedy the omission within a specified period after being notified to do so; or ƒ refuses the order for a re-investigation issued by the competent authority or the labor inspection agency, the competent authority may, in any of such circumstances, impose an administrative fine of no less than NT$30,000 and no more than NT$750,000. Upon the imposition of an administrative fine due to the aforementioned circumstances, the competent authority shall publicly disclose the name of the business entity, the name of its responsible person, the date of the administrative disposition, the violated statutory provisions, and the amount of the fine. (Article 22-2, Paragraphs 2, 3, and 5, Article 45, Paragraph 1, Subparagraphs 1 and 2, and Article 49, Paragraph 1, Subparagraph 2 of the OSHA)

Business entities should take particular note that if an investigation procedure contains material irregularities due to non-compliance with the OSHA or the Regulations, they may not only be subject to administrative fines but also ordered by the competent authority to conduct a re-investigation.

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.