“Are you an idiot? You don’t even know how to do this?” A manager berated an employee for three minutes in the conference room in front of colleagues. Question: Is this strict management or workplace bullying? Many business owners’ first reaction might be, “So what? We were scolded even worse back in the day.” But did you know that the law has changed?

In December 2025, the Legislative Yuan passed an amendment to the Occupational Safety and Health Act, formally adding a “Specific Chapter on the Prevention of Workplace Bullying.” It clearly defines “workplace bullying” as: a laborer, when performing his/her job duty in the place of duty, suffers harm to his/her mental and physical health due to continuous occurrence of any offensive, threatening, neglectful, isolated, insulting, or other inappropriate words or behaviors from the personnel of his/her business entity through abuse of their positions or powers, and beyond the necessary and reasonable business scope.. It’s important to note the proviso: where the case is considered serious, the continuous occurrence does not constitute a prerequisite.. In other words, that initial scene of public humiliation could already constitute workplace bullying.

What are the consequences of a violation? Employers may be subject to administrative fines ranging from NTD 30,000 to 750,000. If the conduct results in an employee developing an occupational illness (such as depression or post-traumatic stress disorder), the maximum fine may increase accordingly. If the highest-ranking official is the perpetrator, a separate fine of up to NTD 1 million may be imposed. Perhaps some business owners are thinking to themselves: “Well, at worst, it’s just a fine.” Is that really the case? Let’s take a broader view.

In the “ESG Evaluation” that all listed companies must undergo, the Social (S) category explicitly requires companies to establish “human rights due diligence” processes and disclose their implementation. Although whether or not a company cares about or implements these measures merely affects its assessment score of evaluation, what truly prevents companies from taking this lightly is the “stick effect” originating from the supply chain: Open Apple’s “Supplier Code of Conduct,” and it states in black and white: “Supplier shall not threaten or subject Workers to harsh or inhumane treatment, including but not limited to verbal abuse and Harassment, Psychological Harassment, mental and physical coercion, and Sexual Harassment and abuse.” Suppliers must establish a written anti-harassment policy and immediately provide all relevant documentation upon Apple’s request. What are the consequences of noncompliance? Apple will place the supplier on a watch list, during which time it will not award new projects or business; in severe cases, the supplier will be removed from the supply chain entirely.

So, where is the line between legitimate management and bullying?

Legitimate management focuses on “the issue”; workplace bullying targets “the person.” Take the example of poor employee performance—consider the difference between these two approaches: “This month’s performance fell short of the target. Let’s work together to identify the cause and see which areas can be improved.” versus “Your performance is so terrible—are you even doing your job? What good are you to the company?” The former criticizes the result, while the latter denies the person’s worth.

Here is a “three-question mnemonic” to help you self-assess: First, ask about the purpose: Am I addressing the “issue,” or am I disparaging the “person”? Second, ask about the target: Is this standard applied equally to everyone? If the entire department is corrected for the same mistake, that’s management; if only one person is publicly humiliated, that’s the beginning of bullying. Third, ask about necessity: Is this action directly related to the work? Examples include assigning tasks that are clearly impossible to complete, deliberately withholding necessary information, or berating someone for an extended period in a public setting.

For truly effective prevention, companies must do at least the following: First, ensure all staff understand where the boundaries lie and use specific scenario-based exercises to help them practice making judgments. Second, establish genuinely trustworthy complaint channels so that employees feel comfortable speaking up and issues come to light. Third, establish a roster of external experts in advance. The new law requires that at least half of the investigation team’s members be external. Without prior preparation, it will be impossible to find suitable candidates when the time comes.

Workplace bullying is not merely a “soft” HR issue related to emotional management; it is also linked to penalties under the Occupational Safety and Health Act, ESG Evaluation, and supply chain eligibility—making it a genuine corporate governance risk.

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This article was published in the Expert’s Commentary Column of the Commercial Times. https://www.ctee.com.tw/news/20260623700131-439901