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Regulations Regarding Sexual Harassment in Workplace
  1. Legal basis:
    Gender Equality in Employment Law and Regulation (Jan. 16, 2002 presidential announcement; March 8, 2002 official execution)
  2. Sexual Harassment in the Workplace:
    • Sexual harassment: refers to any expressions or behavior of sexual connotation or sexual discrimination that is unwelcome or contrary to the recipient・s wishes.
    • Workplace sexual harassment: refers to any matter of sexual harassment that occurs at a place of work (including during the time of job application and during a duration of employment) or during the fulfillment of one・s contract.
    • Types:
      • Quid pro sexual harassment:
        a management supervisory authority demonstrates sexual harassment towards a subordinate by offering rewards, such as job promotion or merits, creating a situation of exchange for favors.
      • Hostile working condition sexual harassment:
        a colleague, customer or concessionaire creates a an intimidating and offensive work environment which infringes on an employee・s personal dignity or affects his or her job performance.
      • Recognized standards:
        the subjective condition of workplace sexual harassment is the recognition of the basis of the victim・s feeling and experience.
  3. Preventing workplace sexual harassment:
    • The employer should prevent the occurrence of sexual harassment in the workplace.
    • Employers hiring over thirty employees shall establish measures for preventing sexual harassment, complaint procedures and a means of punishment and openly display these measures in the workplace.
  4. Complaint assistance measures
    • When to file a complaint
      • Employees or job seekers discover that an employer has not established measures for preventing sexual harassment, complaint procedures or means of punishment.
      • When there is an occurrence of sexual harassment and the employer does not immediately implement measures to effectively correct and remedy the situation.
    • Receiving institution:
      Area labor administration agencies (county and city government labor or social affairs bureaus) inquiry or assistance organizations.
    • Redress procedures :
      • When employees or job seekers discover violations of Article 13, they may complain to the local governing authority. However, when the employer, employee or job seeker do not accept the ruling, they may either apply for redress at the central government・s management agency・s (Executive Yuan・s Council of Labor Affairs) workplace gender equality committee or the central management agency・s workplace gender equality committee within 10 days or file suit through the prosecutor・s office.
      • When there is an objection to the act of disposition, the employer, employee or job seeker may, through prosecution and administrative legal procedure, file suit with the central management agency・s workplace gender equality committee
    • Inquiry line
      Area labor administration agencies (county and city government labor or social affairs bureaus) or the Executive Yuan・s Council of Labor Affairs: 0800-380-038.
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