Drawing reference from 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”) prescribes that an employer, depending on how they become aware of the bullying, must take immediate, effective, and appropriate measures. Detailed provisions are also set forth under Article 5, Paragraph 2 of the draft Regulations on Workplace Bullying Prevention (hereinafter referred to as the “Regulations”):

I. When Becoming Aware Due to a Complaint Filed by an Employee Alleging Bullying

(1) Implement measures to prevent the recurrence of workplace bullying against the complainant (including timely adjustments to the job duties or workplaces of the personnel involved, taking into account the complainant’s preferences).

(2) Provide relevant counseling or necessary assistance and protective measures based on the complainant’s needs and the severity of the incident (including providing or referring the complainant to legal advisory services, medical or psychological counseling, and social welfare resources).

(3) Conduct an investigation into the reported incident. Subject to the complainant’s consent, a coordination process may be initiated; however, if a coordination cannot be reached, the investigation shall be resumed and continued.

(4) Impose appropriate disciplinary action or handling measures upon the perpetrator.

II. When Becoming Aware Through Means Other Than a Complaint Filed by an Employee Alleging Bullying

(1) Conduct necessary clarifications regarding the relevant facts.

(2) (Inform the employee alleging bullying of their eligible rights and remedies) At the employee’s discretion, assist the employee in coordination or in filing a formal complaint.

(3) Appropriately adjust job duties or workplaces.

(4) At the employee’s discretion, provide relevant counseling or necessary assistance and protective measures (including providing or referring the employee to legal advisory services, medical or psychological counseling, and social welfare resources).

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 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.