Demanding performance is not automatically workplace bullying. The law addresses misuse of a work or power relationship, conduct beyond what is necessary and reasonable for business, ongoing improper words or acts and harm to physical or mental health (Occupational Safety and Health Act, Art. 22-1(1)). A serious incident need not recur. Give business reasons, address the work itself, use consistent standards and keep records. A manager who is the subject of a complaint also has procedural rights.
Where is the line? Four elements of Article 22-1
Four parts of the legal definition matter in daily management:
- Use of a work or power relationship: A manager directs a subordinate, but the statute refers to using that relationship.
- Beyond necessary and reasonable business scope: Is the task needed for work, and is the manner reasonable?
- Repeated conduct: Conduct generally must continue, but a serious incident need not recur.
- Harm to physical or mental health: This is part of the legal definition.
The provision does not ban setting targets, identifying mistakes or asking for improvement. The business need and the way the request is made matter.
Factors in Regulations Article 2
Article 2 of the Workplace Bullying Prevention Measures Regulations calls for an overall assessment of context, frequency, location, motive and purpose. It lists four kinds of circumstances relevant to a manager's daily work:
| Article 2 circumstance | Question for a manager |
|---|---|
| Deliberately excluding, ignoring or isolating a particular person, including from necessary meetings or activities | Is there a work reason for meeting and group membership? |
| Deliberately obstructing a particular person's work, withholding needed information or giving false information | Do people receive the information needed to do comparable work? |
| Using power to oppress a particular person or deliberately assigning unreasonable targets or plainly unsuitable work | What supports the target or assignment? Are comparable roles treated consistently? |
| Deliberately spreading rumors about or revealing the private information of a particular person | Are performance, health and family matters discussed only where necessary? |
Each listed circumstance refers to a particular person and intentional conduct. Singling someone out or treating comparable workers differently calls for a clear business explanation.
Practical checks before giving feedback
These are management practices, not additional legal elements. They can help explain why a requirement is necessary and reasonable:
- State the basis: Put goals, deadlines and standards in writing and connect them to the role.
- Address conduct and results: Describe specific work; avoid judgments about personality, appearance or private life.
- Choose the setting: Give individual critical feedback privately instead of singling someone out in a group.
- Apply standards consistently: Explain changes in assignments.
- Describe improvement: Set out the expected result and available support.
- Keep a record: Interview notes, improvement plans and follow-up results may explain the work purpose later.
- Pause when emotions rise: Avoid threatening language; involve HR or another person if appropriate.
Employers with at least 30 workers must establish and display bullying-prevention, complaint and disciplinary rules (Occupational Safety and Health Act, Art. 22-1(2)(2); Regulations, Art. 6(1)). They must also train managers in communication, management and complaint handling (Regulations, Art. 6(4)).
If someone complains about you
- Respond: The employer must let parties state their views and answer allegations, and give written notice of the investigation purpose, time, place and effect of absence (Regulations, Art. 16(1)).
- No confrontation; confidentiality: The parties must not be made to confront each other, and identifying information must generally be protected (Art. 16(1)(3), (7)).
- Recusal: A party may make a reasoned written request to remove a person involved in investigation, handling or review where concrete facts suggest bias. That person stops participating pending the employer's decision. A manager on the complaint-handling unit must recuse from a complaint about themselves (Art. 15).
- Review: A party may seek one review within 30 days from the day after receiving the written decision (Art. 22(1)).
Interviewees may not record the employer's investigation interview themselves (Art. 16(1)(2)). An investigation panel may report without a person's statement if they refuse to cooperate without good reason even after a further notice (Art. 17(3)). The employer must not disadvantage a complainant or helper (Art. 20); a prohibited adverse action is invalid, and the employer bears the burden of showing it was unrelated to the complaint (Occupational Safety and Health Act, Art. 39(4)–(6)). A documented business reason is especially important for later performance decisions.
If the respondent is the organization's most senior person in charge, a worker may complain directly to the city or county authority (Occupational Safety and Health Act, Art. 22-3(1)). A finding of bullying by that person can lead to an NT$10,000–1,000,000 fine (Art. 46(1)). See the respondent procedure guide for details.
This page provides general information, not individual legal advice.