Q&A/Taiwan's new workplace bullying rules: What to know

Taipei, June 30 (CNA) Taiwan's new workplace bullying prevention rules will take effect on Wednesday, defining workplace bullying, requiring employers to establish prevention and complaint-handling mechanisms, and setting out how employees can file complaints.

CNA has compiled answers to some commonly asked questions about the new rules, based on the law and materials provided by the Ministry of Labor (MOL).

What is workplace bullying under the new rules?

Introduced under the Occupational Safety and Health Act, the new provisions define workplace bullying as repeated "inappropriate words or behaviors" by personnel of the same business entity who abuse "their positions or powers" and act "beyond the necessary and reasonable business scope," causing a worker physical or mental harm.

Examples of inappropriate words or behaviors listed in the amended law include threats, neglect, isolation, or insults.

Do the new rules cover foreign workers in Taiwan?

Yes. According to MOL, the new rules apply not only to Taiwanese workers at local companies, but also to foreign nationals working in Taiwan, workers at foreign companies operating in Taiwan, and migrant workers.

CNA asked the MOL whether migrant live-in caregivers and domestic helpers -- both not covered by the Labor Standards Act -- are also protected under the new workplace bullying chapter, but had not received a response as of press time.

How can workers file a complaint?

Workers who believe they have been bullied at work can file a complaint through channels designated by their employer, with complaints accepted in writing, by email, orally, or through other methods set by the company.

Those workers are advised to provide details of the incident, chat records, audio recordings, or other relevant materials to help with the investigation.

If the information provided is insufficient, the employer should ask the worker to supplement it, rather than refusing to accept the complaint outright.

If the alleged perpetrator is the top responsible person of the business entity, the worker can file a written complaint directly with the local labor authority.

What must employers do after receiving a complaint?

If a complaint meets the requirements for acceptance, the employer must report it to the MOL's online registration system and begin an objective and fair investigation.

The process should include interviewing the parties involved and relevant personnel, understanding the details of the case, taking necessary protective measures, collecting evidence, completing an investigation report and making a final decision.

Employers may not ignore a complaint, delay handling it for an extended period, or close the case without conducting a substantive investigation.

What complaint channels must employers provide?

Businesses with 10 or more employees are required to set up designated workplace bullying complaint channels.

These may include a hotline, email address, dedicated mailbox, designated messaging app, or other internal channels.

Businesses with fewer than 10 employees are also required to take appropriate prevention and handling measures.

If those smaller-sized companies receive a workplace bullying complaint, they should investigate or coordinate the matter with the worker, provide assistance and protection according to the complainant's wishes.

How long can an investigation take?

For businesses with 100 or more employees, the investigation report must be completed within two months from the day after an investigation panel is formed, and the employer must decide whether workplace bullying occurred within one month after the report is completed.

For businesses with 30 to 99 employees, the investigation and decision must be completed within four months from the day after the complaint is received.

For businesses with fewer than 30 employees, the investigation and decision must be completed within three months from the day after the complaint is received.

In all three cases, the deadline may be extended by one month under special circumstances.

What if workers disagree with the investigation result?

A worker who disagrees with a company's finding may file one written appeal within 30 days from the day after receiving the result, stating their reasons or providing new evidence.

The company must convene an appeal review meeting within 10 working days and give the worker a chance to state their views. If the original investigation had major flaws, or new evidence could affect the result, the company must reinvestigate the case.

In addition, former employees may also file complaints involving abuse of power within one year after leaving the job or within three years after the bullying ended.

Where can workers learn more about the new rules in languages other than Chinese?

MOL said Monday that English translations of provisions related to workplace bullying are already available, and that the 1955 labor hotline is ready to provide consultations on the new rules for employers, workers and foreign nationals working in Taiwan.

The ministry added that it would strengthen outreach through multiple channels, including by providing an English translation of the workplace bullying prevention guidelines, as well as informational cards in English, Indonesian, Vietnamese, Thai and Tagalog.

Those four languages are commonly used by migrant workers in Taiwan from Indonesia, Vietnam, Thailand and the Philippines, with the number of them recorded more than 886,000 as of late May.