Cabinet finalizes draft bill on workplace bullying

Taipei, Aug. 28 (CNA) The Cabinet on Thursday unveiled draft provisions on the prevention of workplace bullying, defining what constitutes "bullying" and proposing penalties, following a case last year that sparked public outcry.

According to proposed amendments to the Occupational Safety and Health Act, workplace bullying is defined as situations in which a worker, while carrying out their duties, is subjected to offensive, threatening, dismissive, isolating, insulting, or otherwise inappropriate words or actions by someone in the organization who misuses their position or authority.

Such conduct goes beyond what is necessary and reasonable for work purposes and causes harm to the worker's physical or mental health, the draft amendments state.

When an employer receives a workplace bullying complaint, they must take steps to prevent its recurrence, provide necessary counseling and assistance, and investigate the matter.

Mediation may be initiated if the complainant agrees. If mediation fails, the employer must continue the investigation. Employers are also required to impose appropriate disciplinary action or other measures against the perpetrator.

All workplace bullying complaints must be registered on a website designated by the central competent authority, and the outcome must likewise be recorded there.

If the head of company, agency or institution is accused of workplace bullying, the complainant must file a complaint with the local competent authorities within three years of the incident or within one year of leaving their post.

Employers with 10 or more employees must establish a channel for filing workplace bullying complaints and inform staff about it. Those with 30 or more employees are also required to draw up and publicize preventive measures, a complaint-handling process, and penalties.

Employers are prohibited from taking retaliatory action against complainants or employees assisting them. Any retaliatory action -- such as demotion or wage reductions -- will be deemed invalid.

Employers who fail to take preventive measures against workplace bullying or neglect to follow the required procedures after receiving a complaint, thereby causing occupational illness, will face fines ranging from NT$30,000 (US$983.20) to NT$1.5 million. Depending on the severity of the violation, fines may be increased to 1.5 times the original amount.

If a supervisor is found to be the perpetrator, they may be fined between NT$10,000 and NT$1 million.

The draft amendments will now go to the Legislative Yuan for review.

The draft measures were introduced in response to the public furor over the case of former Workforce Development Agency (WDA) official Hsieh Yi-jung (謝宜容), whose management style allegedly drove one of her subordinates, surnamed Wu (吳), to commit suicide in November last year.

Leaked audio recordings from the WDA branch led by Hsieh revealed attempts to cover up the incident. An initial Ministry of Labor (MOL) report in November 2024 sparked outrage after describing Hsieh as "well-intentioned" and "not the direct cause" of Wu's death.

The backlash prompted a second MOL investigation the following month, which linked Wu's death to pressure from what it described as Hsieh's "impossible" and "erroneous" assignments. The report also cited Hsieh's "highly inappropriate" management style, which included persistent yelling, berating, and blaming of staff, as well as demands that they perform tasks beyond their job responsibilities.

However, in May, prosecutors decided against indicting Hsieh, citing a "lack of causation" between her management practices and Wu's suicide.