Under 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”), enterprises are legally obligated to implement varying workplace bullying prevention measures depending on their number of employees. Regarding the calculation of the number of employees, it encompasses all individuals employed by the business entity who perform work and receive wages. For enterprises with operations dispersed across different regions, the headcount shall be calculated separately based on the number of workers employed at each local unit.

The determination of a local business unit is principally based on whether its person-in-charge possesses general operational management authority and bears the obligation to prevent occupational disasters under the OSHA. Furthermore, the labor inspection authorities will make a comprehensive evaluation based on criteria such as whether the unit maintains independent accounting books, possesses independent personnel authority, holds an individual Unified Business Number (UBN), and has a business or factory registration. (See Article 3 of the Regulations and the Ministry of Labor’s Guidance Manual on Workplace Bullying Prevention Measures, hereinafter the “Manual”).

I. Enterprises with 10 or More Employees

Enterprises with a total of 10 or more employees shall establish workplace bullying complaint channels and publicly disclose them within the workplace. The term “complaint channels” refers to email addresses, dedicated physical mailboxes, dedicated telephone hotlines, faxes, or other designated communication applications for handling workplace bullying. The term “publicly disclose” means that disclosure may be executed via written documents, electronic data transmissions, or other methods that allow for immediate access and review at any time (Article 22-1, Paragraph 2, Item 1 of the OSHA, and Article 5 of the Regulations).

II. Enterprises with 30 or More Employees

(1) Enterprises shall establish workplace bullying complaint channels and publicly disclose them within the workplace (same as the requirements applicable to enterprises with 10 or more employees).

(2) Enterprises shall formulate workplace bullying prevention measures, complaint procedures, and disciplinary standards (hereinafter referred to as the “Disciplinary Standards”), and publicly disclose them within the workplace. The Disciplinary Standards must incorporate all matters prescribed under the items of Article 6, Paragraph 2 of the Regulations, and the enterprise shall designate a dedicated department to oversee and administer these matters (Article 22-1, Paragraph 2, Item 2 of the OSHA, and Article 6 of the Regulations).

(3) Enterprises shall implement education and training programs to prevent workplace bullying in accordance with the Disciplinary Standards. For supervisors at all levels, as well as personnel responsible for or participating in the investigation, handling, coordination, and reconsideration process of complaint cases, additional training sessions focusing on communication techniques, management skills, and complaint handling procedures shall be conducted (Article 6, Paragraph 3, 4 of the Regulations).

(4) To handle workplace bullying complaints, a complaint handling unit shall be established with at least three members, and neither gender shall represent less than one-third of its total membership. If the composition 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. (Article 9, Paragraph 1 of the Regulations; the Manual)

Where an enterprise fails to implement workplace bullying prevention measures in accordance with Article 22-1, Paragraph 2 of the OSHA, and subsequently fails to rectify such non-compliance within a specified period, the competent authority shall impose a fine ranging from NT$30,000 to NT$750,000. Furthermore, if such failure results in an occupational disease or a work-related illness, the competent authority shall impose a fine ranging from NT$50,000 to NT$3,000,000. Upon the imposition of any such fine, the competent authority shall publicly disclose the name of the enterprise, the name of its responsible person, the date of the administrative disposition, the specific statutory provisions violated, and the exact amount of the fine imposed (Article 49, Paragraph 1, Item 2 of the OSHA).

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.