February 2026
Workplace Bullying Prevention Chapter Added to the Occupational Safety and Health Act; Enterprises Shall Implement Relevant Legal Compliance (Taiwan)
The amendments to the Occupational Safety and Health Act (the "OSHA") were passed by the Legislative Yuan on December 2, 2025, and promulgated by the President on December 19, 2025. A central highlight of this reform is the introduction of a dedicated chapter on Workplace Bullying Prevention (Articles 22-1 to 22-3). The key points are summarized below:
I. Definition and Elements of "Workplace Bullying" (Article 22-1, Paragraph 1)
Under the newly amended Article 22-1, workplace bullying is defined as a situation where a worker, while performing his/her duties at a workplace, is subjected to continuous offensive, threatening, neglectful, isolating, insulting, or other improper words or actions by personnel within the business entity, who exploit their position, authority, or other power relationships to exceed the necessary and reasonable scope of business, thereby causing harm to the worker's physical or mental health. However, in cases where the circumstances are severe, "continuity" is not a mandatory requirement. Based on this provision, the elements for identifying workplace bullying include:
1. Venue of Occurrence: The workplace, including other locations where the worker is assigned by the employer, as well as remote work performed online.
2. Perpetrators: Personnel of the business entity, including the employer, supervisors at all levels, colleagues, and others engaged in labor under the command and supervision of the person in charge of the workplace (e.g., dispatched workers).
3. Forms of Conduct: Exploiting one’s position, authority, or power, and continuously causing physical or mental harm-directly or indirectly-through verbal statements, written communications, physical gestures or actions, electronic communications, or the internet, in a manner that exceeds the necessary and reasonable scope for work-related purposes. As a general rule, workplace bullying requires a pattern of continuity; however, where the circumstances are severe (e.g., public threats or humiliation), a single incident may also constitute workplace bullying.
4. Result: Resulting in harm to the worker's physical or mental health; however, it is not necessary to reach a level of substantial or specific injury, and it includes the creation of a clearly hostile or adverse workplace environment.
II. Prevention Obligations to Be Borne by Employers (Article 22-1, Paragraph 2)
Employers bear different levels of prevention obligations based on the number of employees:
III. Handling Measures for Workplace Bullying (Article 22-2)
Once an employer becomes aware of a bullying incident, the employer shall take the following immediate, effective, and appropriate measures:
1. Awareness upon receiving a complaint from a bullied worker: The employer shall adopt measures to prevent the complainant from being subjected to workplace bullying again (such as job adjustments), provide relevant assistance or protective measures based on needs and circumstances, conduct an investigation into the complaint, facilitate coordination based on the complainant's wishes, and impose appropriate discipline on the perpetrator according to the investigation results and management needs.
2. Awareness through means other than a complaint: The employer shall still clarify the facts and assist the victim in filing a complaint or provide protection according to their wishes, or make necessary job adjustments.
Where the number of workers employed reaches a certain scale, the employer shall form an investigation team, and the proportion of external members shall be no less than one-half. In addition, the receipt of complaints and the results of complaint handling must be registered on the website designated by the central competent authority.
IV. Special Provisions Where the Person in Charge Is the Bully (Article 22-3)
Where the accused is the employer’s highest responsible person, the worker may file a complaint directly with the local competent authority within 3 years after the bullying conduct has ceased or within 1 year after resignation.
Regarding this amendment, the competent authority has been authorized to prescribe relevant guidelines for matters such as workplace bullying prevention measures, investigation procedures, and appeal principles. Our firm recommends that enterprises continue to monitor the enforcement of OSHA and the status of relevant sub-regulations, and assess the impact of this amendment on the company's existing occupational safety management and internal response mechanisms as early as possible to facilitate advance preparation. For instance, enterprises may pre-emptively establish an "External Expert Talent Pool" to strengthen the professionalism and impartiality of investigation procedures, while reviewing internal complaint, investigation, and handling processes to ensure compliance with the legal obligations required by this amendment.
I. Definition and Elements of "Workplace Bullying" (Article 22-1, Paragraph 1)
Under the newly amended Article 22-1, workplace bullying is defined as a situation where a worker, while performing his/her duties at a workplace, is subjected to continuous offensive, threatening, neglectful, isolating, insulting, or other improper words or actions by personnel within the business entity, who exploit their position, authority, or other power relationships to exceed the necessary and reasonable scope of business, thereby causing harm to the worker's physical or mental health. However, in cases where the circumstances are severe, "continuity" is not a mandatory requirement. Based on this provision, the elements for identifying workplace bullying include:
1. Venue of Occurrence: The workplace, including other locations where the worker is assigned by the employer, as well as remote work performed online.
2. Perpetrators: Personnel of the business entity, including the employer, supervisors at all levels, colleagues, and others engaged in labor under the command and supervision of the person in charge of the workplace (e.g., dispatched workers).
3. Forms of Conduct: Exploiting one’s position, authority, or power, and continuously causing physical or mental harm-directly or indirectly-through verbal statements, written communications, physical gestures or actions, electronic communications, or the internet, in a manner that exceeds the necessary and reasonable scope for work-related purposes. As a general rule, workplace bullying requires a pattern of continuity; however, where the circumstances are severe (e.g., public threats or humiliation), a single incident may also constitute workplace bullying.
4. Result: Resulting in harm to the worker's physical or mental health; however, it is not necessary to reach a level of substantial or specific injury, and it includes the creation of a clearly hostile or adverse workplace environment.
II. Prevention Obligations to Be Borne by Employers (Article 22-1, Paragraph 2)
Employers bear different levels of prevention obligations based on the number of employees:
- Employers with 10 or more employees: Must establish a "Workplace Bullying Complaint Channel" and publicly disclose them.
- Employers with 30 or more employees: Must establish "Workplace Bullying Prevention Measures, Complaint, and Disciplinary Regulations" and publicly disclose them.
III. Handling Measures for Workplace Bullying (Article 22-2)
Once an employer becomes aware of a bullying incident, the employer shall take the following immediate, effective, and appropriate measures:
1. Awareness upon receiving a complaint from a bullied worker: The employer shall adopt measures to prevent the complainant from being subjected to workplace bullying again (such as job adjustments), provide relevant assistance or protective measures based on needs and circumstances, conduct an investigation into the complaint, facilitate coordination based on the complainant's wishes, and impose appropriate discipline on the perpetrator according to the investigation results and management needs.
2. Awareness through means other than a complaint: The employer shall still clarify the facts and assist the victim in filing a complaint or provide protection according to their wishes, or make necessary job adjustments.
Where the number of workers employed reaches a certain scale, the employer shall form an investigation team, and the proportion of external members shall be no less than one-half. In addition, the receipt of complaints and the results of complaint handling must be registered on the website designated by the central competent authority.
IV. Special Provisions Where the Person in Charge Is the Bully (Article 22-3)
Where the accused is the employer’s highest responsible person, the worker may file a complaint directly with the local competent authority within 3 years after the bullying conduct has ceased or within 1 year after resignation.
Regarding this amendment, the competent authority has been authorized to prescribe relevant guidelines for matters such as workplace bullying prevention measures, investigation procedures, and appeal principles. Our firm recommends that enterprises continue to monitor the enforcement of OSHA and the status of relevant sub-regulations, and assess the impact of this amendment on the company's existing occupational safety management and internal response mechanisms as early as possible to facilitate advance preparation. For instance, enterprises may pre-emptively establish an "External Expert Talent Pool" to strengthen the professionalism and impartiality of investigation procedures, while reviewing internal complaint, investigation, and handling processes to ensure compliance with the legal obligations required by this amendment.
