性別平等工作法

1(Ⅰ)The Act is enacted to protect gender equality in the workplace, implement thoroughly the constitutional mandate of eliminating gender discrimination, and promote the spirit of substantial gender equality.

2(Ⅱ)Incidents of workplace sexual harassment, except for campus sexual harassment cases regulated by the Gender Equality Education Act, shall be handled in accordance with the provisions of the Act.

1(Ⅰ)Arrangements made by employers and employees that are superior to those provided for by the Act shall be respected.

2(Ⅱ)The Act is applicable to civil servants, educational personnel and military personnel, provided that. However, the provisions of Article 32-1, Article 32-2, Article 33, Article 34, Article 38, and Article 38-1 shall not apply.

3(Ⅲ)Complaints, remedies and processing procedures for civil servants, educational personnel and military personnel shall be handled in accordance with respective statutes and regulations governing personnel matters.

4(Ⅳ)The Act is applicable to those trainee-apprentices who are recruited by employers in accordance with the Labor Standard Act and those who are applicable to, mutatis mutandis, the trainee-apprentice provisions of that Act, except for those trainee-students who are protected by the related provisions in the Act of Implementing Cooperation Programs for Training and Education and Protecting Rights and Interests of the Trainee-Students in the Senior High Schools, provided that, Articles 16-17 of the Act shall not be applicable.

5(Ⅴ)For those trainees who are sexually harassed during the duration of their training, the related provisions of the Act shall be applicable.

1The terms used in the Act shall be defined as follows:

21.Employee means a person who is hired by an employer to work for wages.

32.Applicant means a person who is applying a job from an employer.

43.Employer means a person, a public or private entity or authority that hires an employee. A person who represents an employer to exercise managerial authority or who represents an employer in dealing with employee matters is deemed to be an employer. Dispatched entities utilizing dispatched workers are deemed as employers as provided in Articles 8, 9, 12, 13, 18, 19 and 36 of the Act.

54.Trainee means a student of a public or registered private senior high school or above who is participating in an extracurricular training program.

65.Dispatched entity means a unit that is actually ordering and supervising a dispatched workers doing the work in accordance with a dispatching contract.

76.Dispatched worker means a worker who is employed by a dispatching entity and actually works for the dispatched entity.

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1(Ⅰ)The term “competent authority” referred to in the Act shall be the Ministry of Labor at the central level, the municipal government at the municipal level, and the county (city) government at the county (city) level.

2(Ⅱ)Matters stipulated in the Act which are concerned with the competences of the competent authorities for other purposes shall be handled by those authorities for other purposes

1(Ⅰ)Competent authorities at all levels shall establish Gender Equality in Employment Committees to handle deliberation, consultation, and promotion of gender equality in employment matters.

2(Ⅱ)The Gender Equality Working Committee mentioned in the preceding Paragraph shall consist of five to eleven members with a term of two years, appointed from individuals possessing relevant knowledge and expertise in labor affairs, gender issues, or legal professionals. Among these members, two shall be recommended by labor organizations, and two by gender organizations. The number of female members shall account for more than half of the total committee members, and government agency representatives shall not exceed one-third of the total committee members.

3(Ⅲ)The organization, meetings, and other related matters of the Gender Equality Working Committee as mentioned in the previous two Paragraphs shall be determined separately by competent authorities at various levels.

4(Ⅳ)If local government agencies have established Employment Discrimination Review Committees, the Gender Equality Working Committee mentioned in Paragraph 1 may be combined with such committee, while still adhering to the composition requirements specified in Paragraph 2.

1(Ⅰ)For the purpose of promoting gender equality in employment, the competent authorities at the municipal, country (city) government level shall prepare and earmark necessary budgets to provide various occupational training, employment service and reemployment training programs for them. During these training and service periods, child care, elder care and other related welfare facilities shall be set up or provided for female employment.

2(Ⅱ)The Central Competent Authority may subsidize the expenses for those competent authorities at the municipal, country (city) government level that have provided occupational training, employment service and reemployment training programs, and set up or provide child care, elder care and other related welfare facilities during those training and service periods mentioned in the preceding Paragraph.

The scope of labor inspection of the competent authorities shall include the items for prohibition of gender or sexual orientation discrimination, prevention and correction of sexual harassment, measures for promoting equality in employment of the Act.

Employers shall not discriminate against applicants or employees because of their gender or sexual orientation in the course of recruitment, screening test, hiring, placement, assignment, evaluation and promotion. However, if the nature of work only suitable to a specific gender, the above-mentioned restriction shall not apply.

Employers shall not discriminate against employees because of their gender or sexual orientation in the case of holding or providing education, training or other related activities.

Employers shall not discriminate against employees because of their gender or sexual orientation in the case of holding or providing various welfare measures.

1(Ⅰ)Employers shall not discriminate against employees because of their gender or sexual orientation in the case of paying wages. Employees shall receive equal pay for equal work or equal value. However, if such differentials are the result of seniority systems, award and discipline systems, merit systems or other justifiable reasons of non-sexual or non-sexual-orientation factors, the above-mentioned restriction shall not apply.

2(Ⅱ)Employers may not adopt methods of reducing the wages of other employees in order to evade the stipulation of the preceding Paragraph.

1(Ⅰ)Employers shall not discriminate against employees because of their gender or sexual orientation in the case of retirement, discharge, severance and termination.

2(Ⅱ)Work rules, labor contracts and collective bargaining agreements shall not stipulate or arrange in advance that when employees marry, become pregnant, engages in childbirth or child care activities, they have to sever or leave of absence without payment. Employers also shall not use the above-mentioned factors as excuses for termination.

3(Ⅲ)Any prescription or arrangement that contravenes the stipulations of the two preceding Paragraph shall be deemed as null and void. The termination of the labor contract shall also be deemed as null and void.

1(Ⅰ)Sexual harassment referred to in the Act shall mean one of the following two circumstances:

21.In the course of an employee executing his or her duties, any one makes a sexual request, uses verbal or physical conduct of a sexual nature or with an intent of gender discrimination, causes him or her a hostile, intimidating and offensive working environment leading to infringe on or interfere with his or her personal dignity, physical liberty or affects his or her job performance.

32.An employer explicitly or implicitly makes a sexual request toward an employee or an applicant, uses verbal or physical conduct of a sexual nature or with an intent of gender discrimination as an exchange for the establishment, continuance, modification of a labor contract or as a condition to his or her placement, assignment, compensation, evaluation, promotion, demotion, award and discipline.

4(Ⅱ)Abuse of power sexual harassment referred to in the Act is the use of one's authority or opportunities to engage in sexual harassment toward individuals under one's command, supervision, or in a professional relationship arising from employment, job seeking, or job execution.

5(Ⅲ)The provisions of the Act shall apply under any of the following circumstances:

61.An employee experiences persistent sexual harassment from the same individual within their employing entity during non-working hours.

1(Ⅰ)Employers shall take appropriate measures to prevent sexual harassment and shall proceed in accordance with the following provisions:

21.Employers with ten or more but fewer than thirty employees shall establish a complaint channel and publicly display it in the workplace.

32.Employers hiring over thirty employees, measures for preventing, correcting sexual harassment, related complaint procedures and disciplinary policy shall be established.

4(Ⅱ)When an employer becomes aware of a situation involving sexual harassment, they shall take immediate and effective corrective and remedial measures as follows. If the victim and the actor belong to different employing entities but have collaborative work or business relations, the actor's employer shall also follow these measures:

51.When an employer becomes aware of sexual harassment due to a complaint from the victim:

6(1) Take measures to prevent the recurrence of harassment against the complainant.

7(2) Provide or refer the complainant to counseling, medical or psychological counseling, social welfare resources, and other necessary services.

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1(Ⅰ)When the accused party of sexual harassment holds a position of authority, and the circumstances are severe, and it is necessary to temporarily suspend or adjust the duties of the accused party during the investigation, the employer may temporarily suspend or adjust the duties of the accused party. If, after the investigation, it is determined that the accusation was not sexual harassment, the salary for the period of suspension shall be retroactively paid.

2(Ⅱ)In cases where, following an investigation by the employer or the local competent authority, the incident is determined to be sexual harassment and the circumstances are severe, the employer may terminate the employment contract without prior notice within thirty days from the date they become aware of the investigation results.

1(Ⅰ)Female employee having difficulties in performing her work during menstruation period may request one day menstrual leave each month. If the cumulative menstrual leaves do not exceed three days in a year, said leaves shall not be counted toward days off for sick leave. All additional menstrual leaves shall be counted toward days off for sick leave.

2(Ⅱ)Wages for menstrual leaves, whether said leaves are sick leaves or non-sick leaves as prescribed in the preceding Paragraph, shall be half the regular wage.

1(Ⅰ)Employers shall stop female employees from working and grant them a maternity leave before and after childbirth for a combined period of eight weeks. In the case of a miscarriage after being pregnant for more than three months, the female employee shall be permitted to discontinue work and shall be granted a maternity leave for four weeks. In the case of a miscarriage after being pregnant for over two months and less than three months, the female employee shall be permitted to discontinue work and shall be granted a maternity leave for one week. In the case of a miscarriage after being pregnant for less than two months, the female employee shall be permitted to discontinue work and shall be granted a maternity leave for five days.

2(Ⅱ)The computation of wage during maternity period shall be in accordance with related laws and regulations.

3(Ⅲ)When pregnant employees are diagnosed by a physician as needing to recuperate, their leave-taking and wage during the period of medical treatment, care, or recuperation, shall be in accordance with related laws and regulations.

4(Ⅳ)During an employee’s term of pregnancy, their employer shall grant seven days of leave for pregnancy checkups.

5(Ⅴ)When an employee accompanies their spouse for pregnancy checkups or such spouse is in labor, their employer shall grant the employee seven days off as pregnancy checkup accompaniment and paternity leaves.

6(Ⅵ)Regular wages shall be paid for pregnancy checkups, pregnancy checkup accompaniment and paternity leaves.

1(Ⅰ)After being in service for six months, employees may apply for parental leave without pay before any of their children reach the age of three years old. The period of this leave is until their children reach the age of three years old but may not exceed two years. When employees are raising over two children at the same time, the period of their parental leave shall be computed aggregately and the maximum period shall be limited to two years received by the youngest child.

2(Ⅱ)During the period of parental leave without pay, employees may continue to participate in their original social insurance program. Premiums originally paid by the employers shall be exempted and premiums originally borne by the employees shall be deferred for three years.

3(Ⅲ)Pursuant to the Family Proceedings Act and the Protection of Children and Youths Welfare and Rights Act, employees having lived with adopted children prior to the adoption may apply for parental leave without pay for the period they have lived together in accordance with the first Paragraph.

4(Ⅳ)Allowance during parental leave without pay shall be prescribed by other laws.

5(Ⅴ)Measures for implementing matters concerning parental leave without pay shall be prescribed by the central competent authority.

1(Ⅰ)After the expiration of non-pay parental leave referred to in the preceding article, employees may apply for reinstatement. Unless one of the following conditions exists and after receiving permission from a competent authority, employers may not reject such application:

21.Where the employers' businesses are suspended, or there are operating losses, or business contractions.

32.Where the employers change the organization of their businesses, disband or transfer their ownership to others pursuant to other statutes.

43.Where force majeure necessitates the suspension of business for more than one month.

54.Where the change of the nature of business necessitates the reduction of workforce and the terminated employees cannot be reassigned to other suitable positions.

6(Ⅱ)In the case of employers cannot reinstate employees due to the causes referred to in the preceding subparagraph, they shall give notice to the affected employees thirty days in advance and offer severance or retirement payments in accordance with legal standards.

1(Ⅰ)For employees who need to personally feed their babies who are less than two years old or need to collect breast milk, their employers shall provide them with the time for feeding or breast milk collection sixty minutes a day. This is in addition to the regular rest period(s).

2(Ⅱ)For employees who work overtime in excess of 1 hour of daily normal work hours, their employers shall provide them an additional thirty minutes for feeding or breast milk collection.

3(Ⅲ)The time for feeding or breast milk collection referred to in the preceding Paragraph shall be deemed as working time.

1(Ⅰ)For the purpose of raising children of less than three years of age, employees hired by employers with more than thirty employees may request one of the following subparagraphs from their employers:

21.To reduce working hours one hour per day; and for the reduced working time, no compensation shall be paid.

32.To reschedule working hours.

4(Ⅱ)Employees hired by employers with less than thirty employees may request to apply the above provisions by discussing with their employers to reach mutual consent.

1(Ⅰ)For the purpose of taking personal care for family members who need inoculation, who suffer serious illness or who must handle other major events, employees may request family care leaves. The number of this leave shall be incorporated into leave with personal cause and not exceed seven days in one year.

2(Ⅱ)The computation of wage during family care leave period shall be made pursuant to the related statutes and administrative regulations governing leave with personal cause.

1(Ⅰ)When employees make a request pursuant to the stipulations of the preceding seven articles, employers may not reject.

2(Ⅱ)When employees enjoy the benefit pursuant to the preceding Paragraph, employers may not treat it as a non-attendance and affect adversely the employees' full-attendance bonus payments, evaluation or take any disciplinary action that is adverse to the employees.

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1(Ⅰ)Employers having one hundred employees or more shall provide the following facilities and measures:

21.Breastfeeding (breast milk collection) rooms.

32.Childcare facilities or suitable childcare measures.

4(Ⅱ)Competent authorities shall provide subsidies to employers who have set up breastfeeding (breast milk collection) rooms and childcare facilities or those who provide suitable childcare measures for their employees.

5(Ⅲ)The regulations governing the standards for setting up breastfeeding (breast milk collection) rooms and childcare facilities or providing childcare measures and the regulations governing the relevant subsidies shall be prescribed by the central competent authority after consultation with other relevant authorities.

For the purpose of assisting those employees who have left their jobs due to the reasons of marriage, pregnancy, childbirth, child care or taking personal care of their families, competent authorities at each government level shall adopt employment service, occupational training and other necessary measures for them.

For those employers who hire the employees who have left their jobs due to the reasons of marriage, pregnancy, childbirth, child care or taking personal care of their families and with outstanding results, competent authorities at each government level may provide suitable rewarding measures for them.

When employees or applicants are damaged by the employment practices referred to in Articles 7 to 11 or Article 21 of the Act, the employers shall be liable for any damage arising therefrom.

1(Ⅰ)When employees or applicants suffer financial or non-financial damages as a result of sexual harassment, the employer and the harasser shall be jointly and severally liable for damage. However, the employer shall not be liable for damages if they can demonstrate full compliance with the provisions of the Act, implementation of all required preventive measures, and diligent efforts to prevent the occurrence of such damages.

2(Ⅱ)If compensations cannot be obtained by the injured parties pursuant to the stipulations of the preceding Paragraph, the court may, on their application, take into consideration the financial conditions of the employers and the injured parties and order the employers to pay for a portion of or for the entire damage.

3(Ⅲ)The employers who have made compensations can seek claims against the harassers.

4(Ⅳ)When a victim is involved in a legal proceeding as a result of the sexual harassment and is summoned by the judicial authority to appear in court, the employer shall grant them an official leave of absence.

5(Ⅴ)In cases where the harasser is found liable for damages subject to Paragraph 1 as a result of abuse of power sexual harassment, the court may, upon the victim's request, impose punitive damages ranging from one to three times the amount of actual damages, depending on the severity of the infringement.

6(Ⅵ)In cases where the actor in the preceding Paragraph is the highest-ranking official or the employer, the victim may request punitive damages ranging from three to five times the actual damages.

1(Ⅰ)Employers who violate Article 21, Paragraph 4 of Article 27, or Article 36 of the Act shall be fined no less than N.T.$20,000 but not exceeding N.T.$300,000.

2(Ⅱ)For those who commit any of the conducts referred to in the preceding Paragraph, their names or titles and the persons-in-charge shall be put on public notice, and they shall be ordered to improve within a specified period. For those who have not improved within the specified period, they shall be fined and punished consecutively for each violation after the aforementioned period expires.

1(Ⅰ)Employers who violate Articles 7 to 10, Paragraphs 1 and 2 of Article 11 shall be fined no less than NT$300,000 but not exceeding NT$1,500,000.

2(Ⅱ)Employers who violate the provisions of Paragraph 2 of Article 13 or where the competent authority at the local level, in accordance with the provisions of Paragraph 3 of Article 32-2, issues an order for necessary disposition within a specified period, shall be subject to a fine ranging from NT$20,000 to NT$1,000,000.

3(Ⅲ)Employers who violate the provisions of Subparagraph 2 of Paragraph 1 of Article 13 shall be subject to a fine ranging from NT$20,000 to NT$300,000.

4(Ⅳ)Employers who violate the provisions of Subparagraph 1 of Paragraph 1 of Article 13, and fail to make improvements within the specified period, shall be subject to a fine ranging from NT$10,000 to NT$100,000.

5(Ⅴ)Employers who violate the provisions of Paragraph 5 of Article 32-2 shall be subject to a fine ranging from NT$10,000 to NT$50,000.

6(Ⅵ)For those who engage in actions as described in the preceding Article or any of the preceding five Paragraphs, their names, the names of their representatives, the date of the penalty imposed, the violated Articles, and the amount of the fine shall be publicly disclosed, and they shall be given a deadline to make improvements; if improvements are not made by the specified deadline, they shall be penalized on each occasion.

1(Ⅰ)The highest-ranking official or employer who is determined by the competent authority at the local level to have engaged in sexual harassment shall be subject to a fine ranging from NT$10,000 to NT$1,000,000.

2(Ⅱ)The accused party who violates the provisions of Paragraph 2 of Article 32-2 that avoids, obstructs, or refuses to cooperate with an investigation or provide information and without justifiable reasons, shall be subject to a fine NT$10,000 to NT$50,000.

3(Ⅲ)The statute of limitations for exercising the power of adjudication under Paragraph 1 shall commence from the date when the competent authority at the local level receives the complaint filed by the complainant pursuant to the provisions of Paragraph 1 of Article 32-1.

1(Ⅰ)The highest-ranking official referred to in Subparagraph 1 of Paragraph 8 of Article 12, who is determined by the competent authority pursuant to the provisions of Paragraph 1 of Article 32-3 to have engaged in sexual harassment, shall be subject to the penalties prescribed in the preceding Article.

2(Ⅱ)The statute of limitations for exercising the power of adjudication under the preceding paragraph shall commence from the date when the agency that accepts the complaint pursuant to the provisions of Paragraph 1 of Article 32-3 receives the complaint filed by the complainant under the said provisions, and it shall expire after the lapse of three years. However, if ten years have passed since the completion of the act, the statute of limitations shall apply as well.

The provisions of Article 10, Article 25, and Article 26 of the Sexual Harassment Prevention Act shall apply to sexual harassment incidents as defined in the Act.

The enforcement rules of the Act shall be prescribed by the Central Competent Authority.

For cases of sexual harassment complaints that were already pending but not concluded prior to the amendment of the Act on July 31, 2023, and for cases of sexual harassment incidents that occurred before the amendment and have had complaints filed after the amendment, they shall all be concluded in accordance with the provisions after the amendment. However, procedures that have already been initiated shall not be affected by this change.

1(Ⅰ)The Act shall become effective on March 8, 2002.

2(Ⅱ)Except for Article 16 as revised and promulgated on January 16, 2008, and the Articles amended and promulgated on January 12, 2022, for which the enforcement date shall be determined by the Executive Yuan; Paragraphs 2 to 4 of Article 5, Paragraphs 3, 5 to 8 of Article 12, Article 13, Article 13-1, Articles 32-1 to 32-3, Article 34, Articles 38-1 to 38-3 amended on July 31, 2023 shall be enforced on March 8, 2024. The amendments to the Act shall be enforced on the promulgation date.