The Ministry of Labor yesterday announced a new workplace bullying section to the Occupational Safety and Health Act (職業安全衛生法) to provide standards for preventive action against vocational bullying for employers’ consideration.
The amendments are expected to be promulgated in July.
The changes introduce a chapter clearly defining vocational bullying as actions by managers or colleagues in the workplace, including verbal abuse, vocational intervention, social isolation or criticizing an employee beyond what is necessary and reasonable for the performance of official duties, resulting in the worker suffering from physical or psychological pressure, Occupational Safety and Health Administration official Peng Feng-mei (彭鳳美) said.
Photo: CNA
The clause “beyond what is necessary and reasonable for the performance of official duties” has drawn concern from industry representatives, as it might blur the boundary between legitimate management and bullying, Peng said.
For example, if a task, on average, requires a month, but instead must be completed within three days, it could be deemed unreasonable, she said.
On what constitutes inappropriate conduct, Occupational Health Division Director Chang Kuo-ming (張國明) said assessments should consider job relevance and repetitive behavior, although each case must be evaluated in context, Chang said.
Under the amendments, all cases must be handled, regardless of company size, Peng said.
Workplaces with more than 10 employees must establish reporting channels, while those with 30 or more must adopt preventive regulations and designate units to handle such cases.
Companies with more than 100 employees must form investigative task forces, with at least half of the members being external experts, Peng said.
An appeals mechanism is required, consisting of at least three members, with two-thirds drawn from third parties, she added.
Workers have a three-year statute of limitations to file complaints, while those who have left their jobs must file within one year of departure.
Designated investigators must complete at least three hours of training on workplace bullying, Peng said.
Employers are required to take prompt and appropriate action upon becoming aware of bullying, including mediation if acceptable to the complainant.
If senior management is involved, local authorities must intervene, notify the organization and ensure that the complainant is protected, Peng said.
Investigations should be completed within two months, with a possible one-month extension.
Preventing workplace bullying is a legal obligation and breaches could be fined up to NT$3 million (US$95,271), which could be increased by up to 50 percent depending on the severity of the offense, Chang said.
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