To protect workers from unlawful physical or mental harm caused by others while performing their duties, Article 6, paragraph 2 of the Occupational Safety and Health Act requires employers to plan and implement necessary safety measures. Furthermore, Article 324-3, paragraph 2 of the Occupational Safety and Health Facilities Regulations stipulates that where a business entity employs 100 or more employees, the employer shall, based on the nature of the risks involved in the workers’ performance of duties and with reference to the relevant guidelines announced by the central competent authority, establish and implement a prevention plan against unlawful infringement while performing duties. In this regard, the Ministry of Labor has announced the “Guidelines for the Prevention of Unlawful Infringement During the Performance of Duties” (hereinafter the “Prevention Guidelines”) for employers reference.

On February 21, 2025, in light of several workplace bullying incidentsthat have occurred in Taiwan, the Ministry of Labor revised and announced thefourth edition of the “Prevention Guidelines.” The key points of the amendmentsare as follows:

1、Clarification of the types and definitions of unlawful infringement in the workplace:
(1) In earlier editions of the “Prevention Guidelines,” although it was mentioned that unlawful acts against workers in the workplace might include situations where supervisors or colleagues take advantage of their position or authority to treat workers inappropriately, or where workers are subjected to physical assault, verbal abuse, or other forms of bullying or violence by customers or service recipients, there was no clear definitions of such acts.
(2) As opposed to the earlier editions, the fourth edition of the “Prevention Guidelines” provides examples of wrongful workplace conduct, including “workplace violence,” “workplace bullying,” “sexual harassment,” and “employment discrimination.” Among these, the much-discussed “workplace bullying” is now more specifically defined as “acts occurring in the workplace during the performance of duties, in which a worker is subjected to continuous offenses, threats, exclusion, isolation, or insults by colleagues, superiors, or subordinates through abuse of position, power, or unfair treatment, causing the victimized worker to feel frustrated, threatened, humiliated, isolated, or harmed, thereby endangering their physical or mental health or safety.”

2、 Clarification of procedures for handling internal incidents:
(1) In earlier editions of the “Prevention Guidelines,” when a unlawful infringement incident occurred within an organization, the Prevention Guidelines only required the participation of worker representatives in the investigation but did not clearly specify the composition of the investigation team or the procedures to be followed.
(2) As opposed to such, the fourth edition of the “Prevention Guidelines” provides that, after an incident occurs, a task force should be established preferably within three days to conduct the investigation. For organizations with 100 or more employees, the investigation team shall consist of at least three members, including at least two external professionals (preferably with legal, medical, or psychological backgrounds). When a meeting of the investigation team is convened, more than half of all members shall be present, and at least half of the external professionals shall be present. For organizations with 30 or more but less than 100 employees, the investigation team shall have at least three members. For organizations with fewer than 30 employees, the employer and worker representatives may jointly handle the case; if practical difficulties arise, it is recommended to entrust external professionals to assist in the investigation. The investigation shall be completed within two months, with an one-month extension when necessary.

The “Prevention Guidelines” are administrative guidance in nature and therefore not legally binding on employers. However, according to the Ministry of Labor’s press release dated May 1, 2025, the Ministry has introduced a draft amendment to the Occupational Safety and Health Act that includes a new chapter specifically addressing the prevention of workplace bullying. This draft amendment has been approved by the Executive Yuan. If it is subsequently passed on the third reading by the Legislative Yuan, the definitions and investigation procedures related to workplace bullying set out in the “Prevention Guidelines” may become legally binding requirements. Accordingly, employers are advised to review their internal company policies to ensure compliance with the relevant provisions of the “Prevention Guidelines” and to make adjustments in line with the progress of the legislative amendments.

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