In alignment with the Gender Equality in Employment Act, the newly introduced Article 22-2, Paragraph 1 of the Occupational Safety and Health Act (hereinafter referred to as the “OSHA”) stipulates that employers shall take immediate, effective, and appropriate measures based on the manner in which they become aware of the bullying. Detailed provisions are also set forth in Article 7 of the Regulations on Workplace Bullying Prevention Measures (hereinafter referred to as the “Regulations”):

I. When Becoming Aware via an Employee Complaint Alleging Bullying

(1) Taking into account the complainant’s preferences, adopt appropriate measures such as separation to prevent the recurrence of workplace bullying against the complainant, and refrain from any adverse treatment against them.

(2) Based on the complainant’s needs, provide or refer them to advisory services such as legal advice, medical or psychological counseling, social welfare resources, and other necessary assistance or protective measures.

(3) Initiate an investigation procedure to conduct interviews and investigations of the relevant personnel involved in the complaint; where the complainant is willing, a coordination process may be conducted, and if coordination is unsuccessful, the investigation shall be resumed and continued.

(4) Based on the investigation results, impose appropriate disciplinary action or handling measures upon the perpetrator depending on the severity of the circumstances.

II. When Becoming Aware Through Means Other Than an Employee Complaint

(1) Interview relevant personnel and conduct necessary clarification and verification regarding the relevant facts.

(2) Inform the affected employee of their eligible rights and remedies, and assist the employee with coordination or filing a complaint in accordance with their wishes.

(3) Appropriately adjust job duties or workplaces of the relevant personnel.

(4) In accordance with the affected employee’s discretion wishes, provide or refer them to advisory services such as legal advice, medical or psychological counseling, social welfare resources, and other necessary assistance or protective measures.

Where an enterprise fails to take immediate, effective, and appropriate measures upon becoming aware of workplace bullying in accordance with Article 22-2, Paragraph 1 of the OSHA, the following penalties apply:  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; ‚ For a violation of Article 22-2, Paragraph 1, Item 1, the competent authority shall impose a fine ranging from NT$30,000 to NT$750,000; ƒ For a violation of Article 22-2, Paragraph 1, Item 2, where the enterprise 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.

Upon the imposition of any such fine under the aforementioned circumstances, 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).

It is critical to note that even if an employee is unwilling to file a formal bullying complaint, the enterprise remains legally obligated to conduct the necessary clarifications regarding the relevant facts and provide all necessary assistance.

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.