Previously, we talked about some of the most common contract violations against workers, such as delayed salaries, excessive fees, and so on. In this article, we will focus more on “workplace misconduct” — actions or behaviors that are harmful or have negative effects on workers, their supervisors, clients, or other people in the workplace.
In Taiwan, workplace misconduct includes various actions that affect people physically, mentally, and/or emotionally — to the point that their safety and well-being are threatened. These actions should be dealt with immediately, with corresponding sanctions to prevent re-occurrence.
List of Common Types of Workplace Misconduct
Workplace misconduct generally involves physical, verbal, and psychological abuse, along with other types of negative behavior.
Physical Abuse
Physical abuse, such as hitting or assaulting a person, is a serious form of abuse. Based on Article 12 of the Labor Standards Act (LSA), an employer may immediately terminate — without advance notice — the labor contract of a worker who commits violence against the employer, the employer’s family, colleagues, or clients.
The same penalty applies to workers who intentionally damage the employer’s property, such as machines, raw materials, or products.
Verbal Abuse
Likewise, Article 12 of the LSA also states that employers may immediately terminate the job contract of workers who commit verbal abuse. This includes actions such as name-calling, insulting, defaming, or intimidating the employer, employer’s family, colleagues, or clients.
In addition, the same penalty applies to workers who intentionally reveal or disclose confidential business or technical information, which causes harm or damage against the employer or the company.
Psychological Abuse
Compared to physical and verbal abuse, psychological abuse may not be so obvious. However, it is just as damaging and affects people’s mental and emotional well-being. Moreover, it is sometimes committed alongside physical abuse, verbal abuse, and other types of misconduct.
In the workplace, “abuse of power,” a.k.a. “bullying” often results in psychological abuse. Basically, this involves the use of one’s position to intimidate, demean, or mistreat others. For instance, when supervisors deliberately set unrealistic work goals, assign excessive tasks or even trivial tasks to workers, their actions may be considered as psychological abuse.
Discrimination
Discrimination may be considered a form of psychological abuse, since it usually involves intimidating or mistreating people. For purposes of clarity, however, we’ve decided to make a separate discussion for this.
In the workplace, people may experience discrimination because of their age, gender, sexual orientation, marital status, race, physical disability, religion, political orientation, or other factors. Fortunately, to address these concerns, Taiwan enacted the Employment Service Act, Gender Equality in Employment Act, Middle-aged and Elderly Employment Promotion Act, and People with Disabilities Rights Protection Act. All of these laws prohibit discrimination and impose penalties on violators.
Notably, the People with Disabilities Rights Protection Act promotes the hiring of persons with disabilities. Paragraph 2, Article 38 of this Act states that private companies with at least 67 employees should hire persons with disabilities who are capable of working. Specifically, the number of persons with disabilities must be at least one percent of the company’s total workforce, and at least one person or more.
Invasion of Privacy
Invasion of privacy refers to excessive intrusion into a person’s private space or private affairs. It includes sexual harassment, which refers to unwanted sexual conduct that involves sexually suggestive and/or gender discriminatory language and behavior.
In particular, the Gender Equality in Employment Act states that sexual harassment includes: (a) actions committed by any person during the performance of a worker’s duties; and (b) an employer’s sexual demands, sexually suggestive, or gender-discriminatory language or behavior towards an employee or job applicant.
Other Types of Workplace Misconduct
Aside from the above, there are other forms of misconduct in the workplace that may result in varying degrees of warnings, termination, or legal action against the violator. These include the following:
- Habitual tardiness or absenteeism, thus affecting work performance;
- Falsification of signatures or company documents;
- Using company materials or equipment for personal use;
- Theft or stealing money or property from colleagues or the company; and
- Violation of health and safety regulations, resulting in a dangerous workplace environment.
How to Report Workplace Misconduct
If you witness or experience any of the above types of misconduct in the workplace, do not hesitate to report the matter. Depending on the situation, you can contact your employer, the company’s Human Resources (HR) department, the 1955 Hotline for Migrant Workers, and of course, the Manila Economic and Cultural Office (MECO) for assistance.
What Happens Next
For cases of severe or illegal misconduct, such as physical violence, sexual harassment, falsification of documents, theft, or disclosure of confidential information, people can consult guidelines set by the Ministry of Labor (MOL). In particular, they can follow the “Guidelines for Preventing Illegal Harm While Performing Duties;” its latest version (4th edition) was just released on February 21, 2025.
Based on these guidelines, as soon as an “illegal harm” incident is reported, an investigative team must be established within three days. This team shall handle mediation, or if necessary, investigation leading to legal action. The composition of this team should be as follows:
- For companies with more than 100 workers, the investigative team must have at least three members, including two external professionals with legal, medical, or psychological expertise;
- For companies with 30-100 workers, the investigative team must have at least three members; and
- For companies with less than 30 workers, representatives of the employer and employee can form the team, along with external assistance, if necessary.
Let’s say, for example, that a company engages in employment discrimination. In this case, the aggrieved person can file a complaint with the Labor Bureau, or with the local county or city government. If found guilty, the employer could face a fine ranging from TWD 300,000 to TWD 1,500,000! And if the employer “retaliates” with certain actions (e.g. reducing the worker’s salary or terminating him/her), these actions would be considered invalid, in accordance with the LSA.
Regardless of the type of abuse or action involved, workplace misconduct is always a serious matter, since it affects people’s physical, mental, and psychological health, while also affecting the company’s overall performance, production, and reputation. Prevention of such cases starts with awareness about the different types of misconduct, along with knowledge about the laws and guidelines that aim to address and penalize them.
In some cases, workplace misconduct could also be an indication of human trafficking and other illegal activities. If you or anyone you know is a victim of harassment or human trafficking, please read this guide on how to report such cases to the authorities.