Legal Ambiguities In Distinguishing Workplace Bullying In Taiwan: A Case Study Of The Military Context
Updated: Jul 3
Liu, Yu Wei, Associate Professor, Department of Law, Hsuan Chuang University, R.O.C.(Taiwan).
Page No: 5295-5306
ABSTRACT
This article focuses on the military context to examine the legal ambiguities surrounding the identification of workplace bullying within Taiwan’s armed forces. With the enactment of the workplace bullying prevention chapter under the Occupational Safety and Health Act, which came into force in July 2026, psychological safety has been formally incorporated into the core framework of occupational safety protection. This legislative development has also brought renewed attention to the particular difficulties involved in identifying bullying within the military system. Notably, the Occupational Safety and Health Act does not apply to military personnel, nor does Taiwan currently have legal provisions specifically designed to address workplace bullying in military settings. By comparatively analyzing the definitions of bullying found in campus regulations, the civil service system, and labor law, this article distills the shared core elements of bullying under the law in Taiwan. These elements include structural power imbalances, inappropriate conduct, actions exceeding reasonable and necessary bounds, the creation of a hostile or unfriendly environment, an emphasis on continuity in principle, and infringements upon personal dignity as well as mental and physical well-being. The article further observes that the hierarchical structure and culture of obedience inherent in military organizations tend to conceal bullying behaviors under the guise of discipline and management. To address this challenge, the article proposes a layered evaluative framework based on factors such as the necessity of the official purpose, proportionality of means, a distinction between task-oriented and personality-oriented conduct, and the application of the “mosaic theory.” This framework is intended to assist practitioners in distinguishing legitimate high-pressure management from impermissible abuses of power. In conclusion, the article emphasizes that the effective prevention of workplace bullying in the military depends not only on institutional design but, more critically, on enhancing the awareness and conceptual understanding of bullying among those who exercise authority, so as to prevent high levels of obedience from becoming a mechanism that systematically obscures workplace bullying.
Keywords:workplace bullying, military arena, covert bullying, soldiers, environment.
