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 Regulations on the Prevention and Control of Workplace Bullying Measures (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 15, Paragraph 1, Paragraph 2, and Paragraph 3 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. (Article 15, Paragraph 3 of the Regulations)

(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 15, Paragraph 4 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 stating the reasons with the employer. Such an application is limited to one (1) time for the same incident. (Article 22, Paragraph 1 of the Regulations)

(2) Within ten (10) working days upon receipt of an application for reconsideration, the employer shall cause the members of the complaint handling unit to elect a convener and convene a reconsideration deliberation meeting; during the meeting, the applicant for reconsideration shall be given an opportunity to state their opinions, and members of the original investigation team or relevant personnel may be invited to attend and provide explanations. (Article 22, Paragraph 2 of the Regulations)

(3) Where the reconsideration deliberation meeting discovers that the investigation and handling procedures involve material irregularities, or that there is new evidence sufficient to affect the findings of the original investigation, a reconsideration investigation team consisting of at least three (3) members (some of whom may be members of the original investigation team) shall be formed to conduct a re-investigation, and shall comply with the following provisions:

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

The aforementioned re-investigation shall be conducted with reference to the investigation and handling procedures stipulated in Chapter 3 (i.e., Articles 8 through 21) of the Regulations, and shall further clarify and collect relevant facts and evidence specifically targeting the disputed matters of the reconsideration or the new evidence. The investigation report may serve as a continuation of the original investigation report (acting as a supplement to the initial investigation report) or a completely rewritten, comprehensive report. The timeframe for handling the re-investigation shall take into account allowing the complaint handling unit to render a reasoned decision within the statutory time limit. (Article 22, Paragraph 3 of the Regulations, and the Ministry of Labor’s Guidance Manual on Workplace Bullying Prevention Measures)”

(4) The complaint handling unit shall render a reasoned decision within thirty (30) days from the date the reconsideration review meeting is convened. Within ten (10) working days from the date of the reconsideration decision, the employer shall notify the applicant and the respondent 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 ten (10) working 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 23, Paragraphs 1 and 2 of the Regulations)

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

Where a party dissents from the employer’s investigation results regarding a workplace bullying incident and files a complaint with the competent authority or the labor inspection agency, if a violation of the Regulations is determined and the investigation procedures involve any of the material procedural irregularities specified in the subparagraphs of Article 22, Paragraph 4, the competent authority or the labor inspection agency may require a re-investigation. The procedures for such re-investigation shall apply mutatis mutandis to Articles 22 and 23 of the Regulations. The employer shall not refuse the aforementioned requirement for a re-investigation. (Article 24 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 Regulations on Workplace Bullying Prevention Measures mentioned herein have been promulgated and will take effect on July 1, 2026.