Enforcement Rules for Act of Gender Equality in Employment

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=N0030015

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Article 1


The Rules are prescribed in accordance with Article 39 of the Act of Gender Equality in Employment (here-in-after referred to as the Act).


Article 2


Discriminatory treatments referred to in Articles 7-11, 31 and 35 of the Act shall mean that employers directly or indirectly treat employees or applicants adversely because of their gender or sexual orientation.


Article 3


The nature of work only suitable to a specific gender referred to in Article 7 of the Act shall mean a work that cannot be accomplished or cannot be possibly accomplished by the applicants or employees of a specific gender.


Article 4


Deleted


Article 4-1


When the school an intern attends finds out the intern has encountered sexual harassment, the school shall urge the unit providing the practical training to take immediate and effective action to rectify and remedy the conduct as well as provide the intern with necessary assistance.
When an appeal applicant is an intern, the local competent authority may request the education authority and the school the intern attends to conduct joint investigations.


Article 5


In computation of employees hired referred to in Paragraph 1 to Article 13, Article 19 and Paragraph 1 to Article 23 of the Act, the number of employees shall include those who hired by branch offices and affiliated units.
The number of employees hired referred to in Article 19 of the Act shall be calculated by the total amount of employees hired by the employers on the first working day of the month that the employees file their applications or makes their requests.


Article 6


The computation of the period of maternity leave referred to in Paragraph 1 to Article 15 of the Act shall be computed consecutively according to calendar.


Article 7


For the five-day paternity leave referred to in Article 15 Paragraph 5 of the Act, employees shall select five days from a 15-day window before and after the day of their spouses are in labor.


Article 8


Where a female employee giving child-birth or miscarrying a child during an non-pay parental leave pursuant to Paragraph 1 to Article 16 of the Act and before the expiration of the leave-taking period and if the periods of her maternity leave as prescribed by Paragraph 1 to Article 15 of the Act survive after her reinstatement date, her employer shall still offer them the maternity leave pursuant to the Act. However, the period from the date of child-birth or miscarriage to the date of reinstatement should be deducted from the period of maternity leave.


Article 9


The occupational injury insurance of the labor insurance program shall not be included in the original social insurance programs referred to in Paragraph 2 to Article 16 of the Act that employees are entitled to continuously participate. The employees on leave shall be continuously covered through the original insured units.


Article 10


For those employees who participate continually in the original social insurance programs referred to in Paragraph 2 to Article 16 of the Act, matters concerning their insurance procedures, insurance amount, payment of premiums and insurance benefit payments shall be processed in accordance with the related statutes and administrative regulations.


Article 11


Feeding in person referred to in Paragraph 1 to Article 16 of the Act shall also include female employees using containers to store their breast milk in order to feed their babies.


Article 12


The children referred to in Paragraph 1 to Article 16, Paragraph 1 to Article 18 and Article 19 of the Act mean children born within wedlock, illegitimate children and adopted children.


Article 13


When employees file applications or make requests pursuant to Articles 15 to 20 of the Act, employers may require them to provide with related verification documentations, if necessary.


Article 14


The child care facilities or suitable child care measures that employers shall set up for their employees referred to in Paragraph 1 to Article 23 of the Act shall include the facilities or measures that are jointly provided for in conjunction with other employers, or the facilities or measures provided for by other child care institutions or kindergarten that are commissioned by the employer.


Article 15


The Rules shall become effective on the date of promulgation.