Life & Art

What to do about bullying in Taiwan?

17 December, 2024

Recent incidents have shown that workplace bullying is all too common in Taiwan. Authorities and companies need to take a systematic approach and comprehensive action to address the problem. 

 

By Paul Shelton

Workplace bullying in Taiwan has gained a great detail of attention lately in the wake a tragic incident in November 2024 of an employee of the Ministry of Labor’s (MOL) Workforce Development Agency (WDA) committing suicide as a result of bullying. His suicide was reportedly linked to the bullying leadership style of his branch head, Hsieh Yi-jung (謝宜容), who was dismissed after receiving two major demerits in a performance review. The incident later led to the resignation of MOL Minister Ho Pei-shan (何佩珊), who has since been replaced by Hung Sun-han (洪申翰), a DPP lawmaker who was formerly a civil rights activist.

 

Workplace bullying is generally defined as repeated, intentional, and unreasonable actions or behaviours by individuals or groups that aim to intimidate, degrade, humiliate, or undermine a colleague or employee in a professional setting. These actions pose risks to the target’s psychological, emotional, or physical well-being and can create a toxic or hostile work environment.

 

This form of bullying is usually exemplified by repetition (not as a single or isolated incident). It is often deliberate and generally involves a misuse of power or position but can be perpetrated by peers or even subordinates. The bullying can take any number of forms such as verbal abuse and insults. The bullied party is often excluded from group activities or important meetings. Malicious rumours and false information are spread about the bullied party. In the workplace itself there are often situations involving excessive monitoring, micromanagement and the setting of unrealistic expectations. The bullying may even extend to public humiliation.

 

In Taiwan, workplace bullying has come under heightened scrutiny due to several high-profile cases and increasing public awareness. The issue is widespread and affects both the private and public sectors, but systemic challenges hinder its resolution, especially as it appears that Taiwan currently lacks adequate legislation to deal with this problem.

 

The investigation of the civil servant suicide in the MOL’s WDA, mentioned above, revealed abusive managerial practices, including verbal humiliation and unreasonable demands. Another case involved an official accused of forcing subordinates into unethical behaviour and failing to address employee grievances. This case highlighted leadership accountability issues.

 

These cases seem to indicate that managers, both at the mid-tier and upper-management level, feel untouchable. Perhaps they themselves experienced workplace bullying and justify their behaviour on the grounds that it is normal and, if they could survive and progress, then there is nothing wrong with it.

 

In another tragic case, an employee of a Taiwan industry institute decided to enrol in a master’s programme to further their professional development whilst continuing with their existing employment. The employee’s supervisor apparently did not agree with this and told the employee to choose between work and study and even forced the employee to sign a voluntary resignation form. The employee subsequently committed suicide on the grounds of the university campus. The Taipei Labor Inspection Office admitted that it had received a complaint from the employee, had inspected the industry institute and had issued a notice demanding improvement. However, that inspection and notice failed to prevent the tragedy.

 

Taiwan has legislation and guidelines to cover bullying in schools and regulations to counter sexual harassment. Bullying in schools seems these days to mostly involve internet bullying and less of the traditional kind of pushing and shoving on the school playground. Unfortunately, despite the regulations in place, the response of the schools oftentimes is to attempt to repress the complaint out of concern for the school’s reputation as opposed to punishing the bullies and protecting the bullied. An unacceptable let’s all “move on, nothing to see here” attitude.

 

However, when it comes to workplace bullying, Taiwan, quite simply, lacks a comprehensive legal framework to address the abhorrent behaviour and the tragic results noted above. The Labor Standards Act and the Occupational Safety and Health Act lack specific protections against workplace bullying. Victims of bullying are often left without a way to seek legal protection, and perpetrators are allowed to operate with impunity and may even be emboldened by the lack of punishment for their actions.

Governments over the years, have been urged to introduce laws, whistleblower protection and clear definitions of bullying, and preventive measures and yet, to date we still have no concrete response or actions that are in place and operational.

 

Certainly, it has to be noted that the MOL has promised stricter enforcement of workplace regulations and disciplinary actions against offenders and, following recent scandals and tragedies, the new minister Hung Sun-han was appointed with a mandate to reform workplace culture. Fine words and promises.

 

However, the Taiwanese public are now pressing for systemic reforms. These reforms must include better reporting mechanisms, access to counselling, and the establishment of task forces to investigate complaints effectively and enforce appropriate punishments.

 

Despite this public pressure, there are some that point to Taiwan’s hierarchical structures and traditional management styles that discourage open communication and protect abusers. It is said that many employees are reluctant to report incidents due to fear of retaliation. These are not acceptable excuses in this day and age and concrete reforms must take place and be seen to be taking place. Palliative words are insufficient protection against workplace bullying, especially when it is often verbal abuse that is at the initial root of the bullying.

 

So what do Taiwan’s workplaces and its employees and employers need? Quite simply, legislative reform, stronger enforcement mechanisms, and public education to create a safe and supportive work environment.

 

As stated above, Taiwan needs, as a matter of urgency, to introduce anti-workplace bullying legislation. This legislation must clearly define workplace bullying and make it punishable. The legislation, associated regulations and guidelines must address verbal and psychological abuse, discrimination and sexual harassment. Also it is vitally important to address the on-going abuse of superior-subordinate relationships and relationships between peers, colleagues and subordinates.

 

Any legislation must have a clear, simple and accessible reporting and investigation mechanism. There must be dedicated reporting channels and investigative agencies that will ensure that victims can confidentiality and anonymously report bullying.

 

Bullying will only be curbed when there is effective legal liability for workplace bullying. These curbs must include fines, termination of work contracts and criminal penalties and employers must bear responsibility, especially when they fail to prevent or stop bullying. The law should also require companies to regularly provide employees with workplace bullying prevention education, improve employees’ legal awareness and prevention capacities, and establish a healthy corporate culture.

 

Improvement notices are nothing more than pieces of paper, filed in a drawer and forgotten. Any new law must enable the appropriate ministry and local labour departments to conduct comprehensive investigations into bullying incidents. Bullies and complicit companies must be held accountable and any specific improvement plan needs to be seen to have been implemented and properly operational both now and in the future.

 

The MOL should feel compelled to draft an anti-bullying law immediately. There should be public hearings and these hearings should see invitations extended to qualified labour law experts and union representatives to discuss the draft to ensure it is comprehensive, fair and enforceable.

 

Comprehensive protection for Taiwan’s workers and positive encouragement to Taiwan’s companies to build a respectful and fair working environment is needed now to prevent any further tragedies. In addressing bullying, Taiwan can and must do better.

 

Paul Shelton is a consultant with 30 years of experience in the international financial services and related industries with skills in all aspects of legal and financial crime compliance and regulatory relationship advisory and management.

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