(Dec. 4, 2008) On November 26, 2008, Taiwan's Gender Employment Equality Law, which was originally promulgated on January 16, 2002, was amended. The amendment affects articles 38 and 38-1, the penalty provisions of the Law. A January 2008 amendment changed the title of the Law from the Two Genders' Employment Equality Law, among other revisions.
Article 38 now stipulates that an employer will be fined between NT10,000 and NT100,000 (about US$300-$3,000) for violating articles 21 or 36; the article no longer applies, as it did previously, to parts of article 13 of the Law on preventing and correcting sexual harassment. Article 21 stipulates that an employer cannot refuse an employee's requests for leave as stipulated in articles 14-20 (e.g., for childbirth or miscarriage leave, job retention without pay for toddler care, paternity leave, and family care leave) (para. 1). When an employee makes such a request, the employer is prohibited from treating it as non-attendance that would adversely affect the employee's full-attendance bonus payment or merit rating and from taking any other disciplinary action adverse to the employee. Under article 36, an employer is prohibited from terminating, transferring, or taking any disciplinary action adverse to an employee who personally files a complaint pursuant to the Law's provisions or assists others in filing a complaint.
Article 38-1 is now applicable to the parts of article 13 formerly punishable under article 38. Article 13 stipulates that the employer must establish measures to prevent and correct sexual harassment, the related complaint procedures, and punishments and must openly display those measures in the workplace (art. 13, para. 1, last part). It further provides that the employer must implement “immediate and effective correctional and remedial measures” when he knows of the occurrence of sexual harassment (art. 13, para. 2). Under article 38-1, violation of these provisions will incur a fine of between NT100,000 and 500,000 (about US$3,000-$15,000). (Amendment to Gender Employment Equality Law, 6832 THE GAZETTE OF THE OFFICE OF THE PRESIDENT 11-12 (Nov. 26, 2008), available at http://content.glin.gov/summary/213519; Amendment to Gender Employment Equality Law, 6780 THE GAZETTE OF THE OFFICE OF THE PRESIDENT 99-103 (Jan. 16, 2008), available at http://content.glin.gov/summary/201791; Two Genders' Equal Employment Law, 6440 THE GAZETTE OF THE OFFICE OF THE PRESIDENT 13-19 (Jan. 16, 2002), available at http://content.glin.gov/summary/78338; Gender Equality in Employment Law [as of 2002, in English translation], Laws and Regulations Database of the Republic of China, http://law.moj.gov.tw/Eng/Fnews/FnewsContent.asp?msgid=369&msgType=en (last visited Nov. 26, 2008).)