Chapter II-1 Prevention of Workplace Bullying
Article 22-1
(Ⅰ)The workplace bullying referred to in the Act means a situation in which a laborer, when performing his/her job duty in the place of duty, suffers harm to his/her mental and physical health due to continuous occurrence of any offensive, threatening, neglectful, isolated, insulting, or other inappropriate words or behaviors from the personnel of his/her business entity through abuse of their positions or powers, and beyond the necessary and reasonable business scope. Where the case is considered serious, the continuous occurrence does not constitute a prerequisite.
(Ⅱ)Employers shall take the necessary measures to prevent workplace bullying. Employers employing the laborers attaining the following scale shall apply the following requirements:
1.Those employing more than 10 laborers shall establish the channel for complaints on workplace bullying and disclose such channels in the workplace.
2.Those employing more than 30 laborers shall stipulate the workplace bullying prevention measures and regulations governing complaints and punishment against workplace bullying, and disclose the same in the workplace.
Article 22-2
(Ⅰ)Employers shall take the following appropriate measures which become effective immediately upon awareness of any laborer suffering workplace bullying:
1.When the employer is aware of the incident upon receipt of the complaint from the bullied laborer:
(1)Take measures that may prevent the complainant from being bullied again;
(2)Provide the related consulting services or necessary assistance and protection measures, subject to the complainant’s needs and circumstances;
(3)Investigate the complaint; the complainant may provide assistance in the investigation if he/she is willing to do so; the investigation shall be continued if no settlement is reached through mediation;
(4)Impose adequate punishment or relevant discipline on the perpetrator.
2.When the employer is aware of the incident due to any circumstance other than those referred to in the preceding subparagraph:
(1)Take any necessary action to clarify the related facts;
(2)Assist the bullied laborer in the mediation for settlement or initiation of a complaint, depending on the laborer’s wish;
(3)Adjust the job contents or workplace adequately;
(4)Provide the related consulting services or necessary assistance and protection measures, depending on the bullied laborer’s wish.
(Ⅱ)Employers shall uphold the principles of objectivity, impartiality, and fairness in the investigation or mediation about workplace bullying incidents. During the investigation, employers shall give the concerned parties the opportunity to state their opinions and respond to the incident sufficiently, and shall also comply with the conflict of interest requirements. Where the number of laborers employed by any employer reaches a specific scale, the employer shall form an investigation team. The number of external members shall be no less than half of all members.
(Ⅲ)Upon receipt of the complaint from any bullied laborer, the employer shall register the complaint on the website designated by the Central Competent Authority. The resolution against the complaint shall also be registered on the website.
(Ⅳ)The adequate measures, investigation and reconsideration principles, determination of the specific scale and method by which the information adopted by the employer in accordance with the preceding three paragraphs, and the prevention measures, complaints, and punishments to be set forth in the subparagraphs of Paragraph 2 of the preceding article, shall include the workplace bullying forms, prevention matters, education and training, complaint channels, investigation, handling and reconsideration procedures, investigators’ qualifications and composition of the investigation team, conflict of interest requirements, disciplinary action and other related measures. The guidelines thereof shall be stipulated by the Central Competent Authority.
(Ⅴ)Where the investigation results of the workplace bullying incident caused by the employer confirm a violation of the guidelines set forth in the preceding paragraph and the investigation procedure is found materially defective, the competent authority or labor inspection agency may request a re-investigation, and no objection may be raised by the employer.
Article 22-3
(Ⅰ)The laborer suffering workplace bullying shall file a complaint with his/her employer. Where the accused is the highest-ranking official, the laborer may file the complaint with the municipal or county (city) competent authority directly.
(Ⅱ)The time limit within which the laborer shall file the complaint with the municipal or county (city) competent authority in accordance with the proviso in the preceding paragraph shall be determined in the following manners:
1.No complaint will be accepted upon expiration of three years after the workplace bullying;
2.The laborer may file the complaint within one year as of the date of resignation if the workplace bullying incident occurs during the laborer’s employment, provided that the longer time limit determined pursuant to the preceding subparagraph, if any, shall apply.
(Ⅲ)In order to investigate the complaint referred to in Paragraph 1, the municipal or county (city) competent authority may contract experts or non-governmental organizations to provide assistance.
(Ⅳ)When the municipal or county (city) competent authority is conducting the investigation pursuant to the Act, the complainant, accused, and individual or unit invited to provide assistance in the investigation shall work with the authority and provide related information. The accused shall not evade, obstruct, or deny the investigation.
(Ⅴ)The regulations governing the scope of complaints against workplace bullying accepted by the municipal or county (city) competent authority and of the highest-ranking official, handling procedures, investigation method, and other related matters shall be stipulated by the Central Competent Authority.