• Statutory Duty of Prevention: Employers in Taiwan are legally required under the Occupational Safety and Health Act to implement preventive measures against unlawful physical and psychological harm in the workplace.
• Expanded Scope of “Workplace Unlawful Infringement”: The concept encompasses workplace violence, bullying, sexual harassment, and employment discrimination, including conduct by third parties such as clients or service recipients.
• Updated Regulatory Guidance (2025): The Ministry of Labor’s revised Guidelines (4th Edition) strengthen employers’ obligations to establish internal reporting, investigation, and response mechanisms.
• Mandatory Internal Frameworks: Employers should adopt written zero-tolerance policies, establish confidential reporting channels, and implement structured investigation procedures with defined timelines and, where applicable, external experts.
• Documentation as Compliance Evidence: Although prior approval is not required, maintaining proper records of policies, actions, and investigation outcomes is critical to demonstrate fulfillment of statutory duties.
• Prompt, Structured, and Documented Internal Response: Employers should establish clear reporting channels and standardized forms to facilitate early reporting, must initiate an investigation promptly (including forming a task force within three days) and declare that all procedure are in confidential.
• Regulatory Compliance and External Coordination: Employers must comply with applicable sector-specific reporting obligations and, where incidents involve external parties, coordinate with law enforcement authorities. Comprehensive documentation throughout the reporting and investigation process is essential to demonstrate compliance and mitigate legal risk.
• Post-Incident Obligations: Employers must provide appropriate remedial measures, including protection, reassignment, counseling, and follow-up care, while also preventing recurrence.
• Legal Exposure for Non-Compliance: Violations may result in continuous and cumulative administrative penalties under the Occupational Safety and Health Act.
• Evidentiary Threshold in Practice: Workplace bullying is assessed case-by-case by courts, requiring corroborating evidence and typically involving repeated or sustained misconduct exceeding socially acceptable norms.

©Debby S.C.Yu, 2026. All rights reserved. 

Unauthorized reproduction or distribution of this article, in whole or in part, without prior written permission is strictly prohibited.

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