Being named in a complaint is not a finding. You must have a chance to state your views and respond, must not be required to confront the complainant, and can request recusal of a biased investigator. Interviewees may not make their own recordings. A dissatisfied party may request a written review once within 30 days after receiving the decision.
First identify the kind of notice
Employer notice: During an internal investigation, the employer must give written notice of the investigation purpose, time, place and the effect of absence (Regulations, Art. 16(1)(1)).
Local authority notice: If the respondent is the organization's most senior person in charge, a worker may complain directly to the city or county competent authority under Occupational Safety and Health Act Article 22-3. The respondent must cooperate and provide information without evading or obstructing that authority's investigation.
Police or prosecutor's notice: This begins a separate criminal process. Prepare for it separately; see workplace bullying and criminal law.
An older incident can still be complained of: the employer complaint period is generally three years after the conduct ends. Where a respondent used a position of power, the complainant may also have one year after leaving employment, whichever period is longer (Regulations, Art. 8(3)).
What is workplace bullying?
Occupational Safety and Health Act Article 22-1(1) describes conduct by personnel of the worker's own business entity toward a worker performing duties in the workplace: misuse of a work or power relationship, conduct beyond what is necessary and reasonable for business, ongoing offensive, threatening, excluding, isolating, insulting or other improper words or conduct, and harm to the worker's physical or mental health. A serious incident does not have to recur. Regulations Article 2 calls for an overall assessment of context, frequency, place, motive and purpose. Firm management expectations alone are not automatically bullying.
Your rights during the investigation
- Opportunity to respond: The employer must let each party give their side and answer the allegation (Art. 16(1)).
- No confrontation: The parties or assisting people must not be made to confront one another in the investigation or a meeting (Art. 16(1)(3)).
- Confidentiality: Names and identifying information must generally be kept confidential by everyone handling the matter (Art. 16(1)(7), (2)).
- Recusal: Investigators with specified family ties must recuse. A party may also give written reasons and facts seeking recusal where concrete circumstances suggest bias (Art. 15).
- Review: Submit a reasoned written request within 30 days from the day after receiving the written decision, once for the same matter (Art. 22).
Your duties during the investigation
Parties and relevant people must cooperate and provide documents, information or views (Art. 16(1)(4)). If a person refuses without good reason and still does not cooperate after a further notice, the panel may report without that person's statement (Art. 17(3)).
訪談時，受訪談者不得自行錄音或錄影；訪談由雇主以錄音或錄影輔助並作成紀錄（第16條第1項第2款）。
Unofficial English summary (not an official translation): The employer records interviews (audio or video) and keeps a written record; interviewees may not make their own recordings (Art. 16(1)(2)).
Prepare before the interview
- Arrange events by date, separating what you remember from what you infer.
- Find work-related support for instructions, such as assignments, targets and meeting notes.
- Review the factors in Regulations Article 2, including exclusion, obstruction, unreasonable assignments, rumors or disclosure of private information, against the actual context.
- Avoid private contact with complainants or witnesses. The employer must also avoid adverse treatment of complainants or their helpers (Art. 20).
The statement-preparation timeline can help; entries stay in your browser.
After the decision
Within ten working days of deciding whether the complaint is substantiated, the employer must give the parties written notice of the facts, reasons and review method and deadline (Art. 18(3)).
If the review meeting finds a serious procedural defect or new evidence capable of affecting the original finding, a review investigation panel must be formed to investigate again (Art. 22(3)). Serious defects include improper panel composition, denying a party's chance to speak, a failure to recuse, or overlooking material evidence.
If a complaint to an authority or labor inspector establishes a violation of the regulations and a serious procedural defect, that authority may require the employer to investigate again; the employer may not refuse (Regulations, Art. 24; Occupational Safety and Health Act, Art. 22-2(5)).
When should I seek advice?
Consider counsel before making a statement if the allegations may also be criminal, you received a police or prosecutor's notice, the finding may affect discipline or employment, or you are unsure how to respond. This page is general information, not individual legal advice.