Received a complaint notice?
Start with these steps.
Being named in a complaint is not a finding. The employer must give you an opportunity to state your views and respond during the investigation (Workplace Bullying Prevention Measures Regulations, Art. 16). Use the checklist and timeline to organize the procedure and facts.
Three things to do todayKeep the noticeDo not approach the complainant privatelyDo not delete records
Based on the Workplace Bullying Prevention Measures Regulations, effective July 1, 2026 · Updated September 24, 2026
Four stages, from today to the decision
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Criminal proceedings and the employer investigation are separate. A suspect may choose defense counsel, who may attend questioning and state an opinion, subject to statutory restrictions (Code of Criminal Procedure, Art. 245).
Attorney Hsu Chia-Chun | Checklist after a workplace bullying complaint notice (general information, not legal advice)
A complaint usually has four stages
Each stage has common mistakes and steps counsel can help assess.
- 01Notice
Receive the written notice
The notice must state the investigation's purpose, time and place, and the effect of not attending (Regulations, Art. 16).
Common mistakeTrying to “clear things up” in a group or privately with the complainant may look like pressure.→ Arrange a timeline and work records; identify your procedural rights. - 02Interview
Attend the investigation interview
The employer records the interview (audio or video) and keeps a written record. The parties must not be made to confront one another.
Common mistakeResponding emotionally, guessing motives, making your own recording, or signing before checking the record.→ Get the facts and your wording straight in advance; check the record carefully. - 03Decision
Receive the written finding
The written decision must state the facts and reasons and explain how and when to request a review (Regulations, Art. 18).
Common mistakeMissing the 30-day review period or failing to keep investigation records.→ Check whether the decision and procedure were lawful; consider using your one permitted review request. - 04Criminal process
If a separate criminal complaint is filed
Public insult, defamation or threats may be separately reported to police or prosecutors. This runs independently of the employer investigation.
Common mistakeAssuming the internal decision ends every issue and attending questioning unprepared.→ Meet counsel beforehand and prepare a response based on facts and law.
A complaint can still be filed later: generally up to three years after the conduct ends. For a respondent who used a position of power, there is also a period of one year after the complainant leaves employment; the longer period applies (Regulations, Art. 8(3)).
If you are the organization's most senior person in charge, the complainant may complain directly to the local competent authority under Occupational Safety and Health Act Article 22-3. This page focuses on an internal employer investigation.
Arrange what you remember by date
The tool sends nothing to anyone and does not fill in a consultation form.
Attorney Hsu Chia-Chun | Statement-preparation timeline (self-prepared document)
A document you write may be referred to in an investigation or lawsuit. Record facts only and consult counsel before sharing or submitting it.
Which conduct may lead to a separate case?
The table identifies possible statutes and complaint requirements. It does not find that any particular conduct is a crime.
| General description | Possible provision | Complaint required? |
|---|---|---|
| Publicly using disparaging language about someone | Criminal Code, Art. 309: public insultJudgment 113-Hsien-Pan-3 requires contextual balancing of expression and reputation. | Yes (Art. 314)Generally within six months after learning the offender's identity. |
| Disseminating a matter capable of damaging reputation | Criminal Code, Art. 310: defamation | Yes (Art. 314)Generally six months. |
| Ordinary bodily injury | Criminal Code, Art. 277(1) | Generally yes (Art. 287)Complaint within six months, except when a public official commits the offense while performing official duties. |
| Threatening harm to life, body, freedom, reputation or property | Criminal Code, Art. 305: criminal intimidation | No |
| Using force or threats to compel an act not legally required or obstruct a right | Criminal Code, Art. 304: coercion | No |
Sexual harassment or sex- or gender-related stalking may also involve other statutes. Where a workplace complaint concerns sexual harassment, the employer must follow the applicable procedures (Regulations, Art. 27). Complaint periods are governed by Code of Criminal Procedure Article 237.
Talk before giving your account.
Bring your timeline and notice if available.
- Law firm
- 昊鼎國際法律事務所 臺中所