Workplace Bullying New Law Takes Effect; Lawyer Wang Chih-teh Asks: 'Bosses, Are Your Wallets Ready?'

A new era of workplace protection has dawned in Taiwan with the implementation of a comprehensive anti-bullying law, effective August 1st. Lawyer Wang Chih-teh highlighted the law's significant financial implications for employers, warning, "Bosses, have your wallets ready?" The legislation, which adds a dedicated chapter on workplace bullying prevention to the "Occupational Safety and Health Act," introduces substantial penalties, with fines potentially reaching up to NT$4.5 million (approximately $140,000 USD).

The law clearly defines workplace bullying through five essential criteria. These include incidents occurring during work duties, the exploitation of power or hierarchical relationships (extending beyond supervisors to colleagues with subordinate work relationships), actions exceeding necessary and reasonable business scope, persistent inappropriate behavior, and resulting harm to the employee's physical and mental health. Notably, even a single severe incident, such as serious public humiliation or physical threats, can be considered bullying.

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Bosses, have your wallets ready?

Clarifying common queries, the Ministry of Labor has stated that simple interpersonal friction, like not being invited to share fried chicken, does not constitute bullying. However, deliberate social exclusion, such as intentionally leaving an employee out of work-related group chats or withholding crucial meeting information, can meet the legal definition. This focus on "social exclusion" underscores the law's intent to address subtle yet damaging forms of workplace harassment.

Furthermore, the new regulations mandate that companies with 10 or more employees must establish and publicize a clear channel for reporting grievances. Businesses employing 30 or more individuals are required to formulate and implement specific anti-bullying prevention and disciplinary policies. Lawyer Wang emphasized that the law's aim is not to encourage frivolous complaints but to foster basic respect in the workplace. He wryly added that for employers who continue to use "it's for your own good" as an excuse for verbal abuse or emotional blackmail, the hefty fines can simply be seen as a contribution to the national treasury.

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This 4.5 million fine, consider it as promoting national treasury revenue.