• 地點:臺灣
• 發布日期: 2024/03/20
• 單位:勞動部
• 更新日期:2024/03/20
• 點閱次數:27

The revised "Gender Equality in Employment Act" marks a new milestone and significant step forward in combating workplace sexual harassment. The updated provisions, effective as of March 8, not only bolster employers’ awareness and obligation to prevent such misconduct but also explicitly mandate immediate and effective corrective actions upon receipt of complaints or awareness of harassment incidents. Employers are further required to facilitate access to counseling, medical, or psychological support for victims, thereby strengthening the protection and support framework. Additionally, the establishment of mechanisms for external complaints investigation and imposition of administrative penalties on top-ranking officials or employers found culpable of sexual harassment serve to comprehensively safeguard victims and deter occurrences of workplace sexual harassment.

According to the Ministry of Labor, amendments to the "Gender Equality in Employment Act" were announced on August 16, 2023. To formulate relevant subsidiary laws, over 20 meetings were convened, gathering stakeholders from various sectors for extensive discussions. This process resulted in the revision of seven subsidiary laws, including the "Enforcement Rules for Act of Gender Equality in Employment " and the "Regulations for Establishing Measures of Prevention, Correction, Complaint and Punishment of Sexual Harassment at Workplace." Additionally, to assist enterprises in establishing internal measures to prevent sexual harassment, three templates of "Regulations for Complaints and Disciplinary Actions against Workplace Sexual Harassment" were provided, tailored to the scale of each enterprise. Furthermore, a "Guidebook on Handling Workplace Sexual Harassment Complaints" was compiled for reference.

Furthermore, in accordance with the new regulatory requirements, employers are obligated to notify the competent authorities of the municipality or county (city) where the victim provides labor services upon receiving complaints from victims or upon investigating and determining the outcome of cases involving sexual harassment. The Ministry of Labor has established the "Workplace Sexual Harassment Case Reporting System" (website: https://shwn.mol.gov.tw/personal/login), providing a more convenient and secure online platform. In cases where enterprises or local authorities need assistance from external professionals with gender awareness in investigating sexual harassment complaints, they can select from the "Workplace Sexual Harassment Investigation Professionals Database" (website: https://gepd.mol.gov.tw) established by the Ministry of Labor.

The Ministry of Labor emphasized that irrespective of the scale of the enterprise, it is imperative for employers to take proactive measures to address any occurrences of sexual harassment in the workplace. This includes acknowledging the perspectives of the victims and making efforts to prevent the recurrence of such behavior. Employers should provide or recommend counseling, medical, or psychological support to victims, and undertake essential clarifications or investigations into suspected incidents. It is essential to avoid making subjective judgments that might result in inaction or delay in addressing the matter, as this could potentially contravene the stipulations of the "Gender Equality in Employment Act".

The Ministry of Labor also added that the scope of the recent amendments to the law is significant, and during the initial implementation phase, comprehensive educational and awareness campaigns will be held, aiming to ensure that employers, job seekers, and employees across all industries develop the correct understanding of preventing and addressing sexual harassment, fostering mutual respect in interpersonal relationships in the workplace, and creating a genuinely friendly working environment. If there are any doubts or questions regarding the handling of workplace sexual harassment incidents, enterprises can seek assistance from competent local authorities. Additionally, relevant legal resources or promotional materials will be made available on the Ministry’s website under Homepage/Theme/Labor Conditions and Job Equality/Gender Equality in Employment Act Related Rights/ Prevention of Sexual Harassment (https://www.mol.gov.tw/1607/28162/28166/28268/28272/lpsimplelist).