Compared to the Prevention Guidelines, which prescribe that “a response committee should ideally be formed within three days to conduct coordination or an investigation” and that “the investigation must be completed within two months, with an extension of one month permissible if necessary,” 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”) set forth distinct timeline requirements for each stage of the complaint process.

I. Confirmation of Grounds for Recusal

(1) Any personnel participating in the investigation, processing, or reconsideration process of the complaint must 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 reconsideration process, 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. However, in urgent circumstances, such person may still take necessary interim measures. (Article 15, Paragraph 4 of the Regulations)

II. Filing and Receipt of Complaints

(1) Methods of Filing a Complaint

A complainant may file a complaint verbally, via email, or in writing. Where a complaint is submitted verbally or via email, the personnel or unit accepting the complaint shall create a written record thereof, which shall be read aloud to or reviewed by the complainant to confirm that its contents are accurate. The aforementioned writing or record shall explicitly state the complainant’s name, department and job title, domicile or residence, and contact telephone number; the name, domicile or residence, and contact telephone number of any legal representative or appointed agent (in which case a power of attorney must be attached); the date of the complaint, the factual substance of the complaint, and any relevant evidence. The complainant shall also sign or affix their seal thereto. (Article 8, Paragraphs 1 and 2 of the Regulations)

(2) Time Limits for Filing a Complaint

The employer may decline to accept a complaint if more than three (3) years have elapsed since the cessation of the workplace bullying conduct, or, where the respondent is a person who leverages authority, if more than one (1) year has elapsed since the date of departure from the company (provided that if the former yields a longer period for filing a complaint, that provision shall apply). (Article 8, Paragraph 3, and Article 10, Paragraph 2, Subparagraph 6 of the Regulations)

(3) Circumstances under which a Complaint May Be Declined

The employer may decline to accept a complaint under any of the following circumstances: the matter does not constitute workplace bullying; the complaint lacks concrete substance; the complaint is submitted anonymously; the same incident has already been declined, resolved, or withdrawn; or the time limit for filing a complaint has expired. (Article 10, Paragraph 2 of the Regulations)

(4) Notification to the Complainant

The employer shall determine whether to accept a complaint within ten (10) working days from the date of receipt and shall notify the complainant in writing. If the complaint is not accepted, the reasons therefor shall be specified in the written notification. (Article 10, Paragraph 1 of the Regulations)

(5) Reporting Obligations

The employer shall, within seven (7) days from the day following the acceptance of a complaint, log the complaint details on the website and in accordance with the contents publicly announced by the central competent authority, and shall notify the complainant. (Article 11 of the Regulations)

III. Complaint Investigation and Decision-Making

(1) Employers with an employee count of 100 or more shall establish an investigation committee.

Employers with an employee count of 100 or more shall establish an investigation committee within fifteen (15) working days from the date of complaint acceptance. The investigation committee shall consist of at least three (3) members, and external professionals shall constitute no less than one-half of the total membership; neither gender shall account for less than one-third of the total membership. Members of the investigation committee representing the business entity shall complete at least three (3) hours of education and training on workplace bullying prevention through one of the following methods:  attending courses organized by the competent authority or labor inspection agencies; or ‚ completing digital learning courses on the website established by the central competent authority. External professionals shall possess experience in handling labor relations or related matters (the employer may select such experts from the workplace bullying investigation specialist database established by the central competent authority). (Article 14 of the Regulations)

(2) Voluntary Mediation

1. During the investigation of a complaint, if the complainant expresses a willingness to mediate, the complaint handling unit shall offer and attempt to facilitate mediation. The arranged mediators (whether internal personnel of the business entity or external professionals) shall be subject to the consent of the parties. Where either party expresses no willingness to mediate, or where no consensus has been reached after more than one month from the date of commencement of the mediation, the mediation shall be terminated; if the parties reach a consensus, a record shall be created, explicitly stating the factual substance of the complaint and the matters agreed upon in mediation. (Article 13, Paragraph 1 of the Regulations)
2. Where mediation is unsuccessful, the employer shall resume the investigation and take other immediate, effective, and appropriate measures. (Article 13, Paragraph 2 of the Regulations)

iii. Where an employer becomes aware of a bullying situation through means other than receiving a complaint from an aggrieved worker, and upon clarifying the facts and consulting with the worker, confirms that the worker has no intention of filing a complaint but is willing to undergo mediation, the employer shall still offer and attempt to facilitate mediation in accordance with the aforementioned methods. (Article 13, Paragraph 3 of the Regulations)

(3) Conducting Complaint Investigations and Preparing Investigation Reports

1. Employers with an employee count of one hundred (100) or more shall complete the investigation report within two (2) months from the date following the establishment of the investigation committee; when necessary, the period may be extended by one month, and the parties shall be notified. However, the coordination period during the investigation process shall be excluded from this calculation. (Article 17, Paragraph 1 of the Regulations)
2. Where no complaint handling unit or investigation committee has been established, the employer and worker representatives may jointly organize to handle relevant matters such as investigation, deliberation, and decision-making. (Article 15, Paragraph 3 of the Regulations)

(4) Rendering Decisions on the Substantiation of Complaints

1. Employers with an employee count of one hundred (100) or more shall cause the complaint handling unit to refer to the investigation results and render a decision on whether the workplace bullying complaint is substantiated or unsubstantiated no later than one (1) month from the date the investigation report is completed, and may formulate recommendations for disciplinary action or other dispositions. Such a decision may only be rendered upon the attendance of no less than one-half of the members of the complaint handling unit at the deliberation meeting and with the consent of a majority of those present; the complaint handling unit shall  within ten (10) working days from the date the decision is rendered, notify the parties in writing of the decision, explicitly stating the facts and reasons, and provide the methods and time limits for reconsideration remedies; and ‚within ten (10) working days from the date the decision is rendered, log the details into the system in accordance with the content and methods publicly announced by the central competent authority. (Article 18, and Article 19, Paragraph 3 of the Regulations)
2. For employers with an employee count of thirty (30) or more but fewer than one hundred (100), the time limit for processing workplace bullying complaints shall be to render a decision within four (4) months from the day following the receipt of the complaint; when necessary, the period may be extended by one (1) month, and the parties shall be notified. The relevant provisions regarding the formation of an investigation team by employers with an employee count of one hundred (100) may be followed with reference. (Article 21, Paragraph 2 of the Regulations)

iii. For employers with an employee count of fewer than thirty (30), the time limit for processing workplace bullying complaints shall be to render a decision within three (3) months from the day following the receipt of the complaint; when necessary, the period may be extended by one (1) month, and the parties shall be notified. The relevant provisions regarding the requirement to establish a complaint handling unit and form an investigation team may be followed with reference. (Article 21, Paragraph 1 of the Regulations)

IV. Remedial Channels for Procedural Non-Compliance or Flaws in Complaint Investigations: Orders for Re-investigation by the Competent Authority

Where a party is dissatisfied with the results of an investigation into a workplace bullying incident conducted by an employer and files a complaint with the competent authority or a labor inspection agency, and if it is determined that the investigation violates the Regulations, and the investigation procedures involve any of the material irregularities specified in the subparagraphs of Article 22, Paragraph 4, the competent authority or the labor inspection agency may order a re-investigation, the procedures for which shall apply mutatis mutandis to the provisions of Articles 22 and 23 of the Regulations. The employer shall not refuse the aforementioned order for a re-investigation. (Article 24 of the Regulations, and Article 22-2, Paragraph 5 of the OSHA)

Where a business entity involved in a workplace bullying incident  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.