Newsletter
HIGHLIGHTS OF GENDER EQUALITY IN EMPLOYMENT LAW
After many years of discussion, the Gender Equality in Employment Law was finally en-acted on 16 January 2002, and came into force on 8 March. The aims of the law are to assure the equal rights of both sexes in the workplace, and to implement the spirit of the Constitution against gender discrimination and promoting real equality between the sexes. The law applies not only to employed people in general, but also to civil servants, teachers and armed service per-sonnel.
The main points of the law are as follows:
I.Prohibition of gender discrimination
An employer may not subject an employee or applicant for employment to differential treat-ment on the grounds of gender in any of the following matters:
Where an employer treats the two sexes differ-ently for reasons of operational need, the burden of proof in showing that such differential treat-ment is justified lies with the employer.
II.Prevention of sexual harassment
1.Sexual demands or verbal or physical conduct of a sexual or sexually discrimi-natory nature by any person, while an em-ployee is performing his or her duties, that creates for the employee a hostile, intimi-dating or offensive working environment, such as to infringe on or interfere with his or her personal dignity or freedom of the person, or affect his or her work perform-ance.
2.Explicit or implicit sexual demands or verbal or physical conduct of a sexual or sexually discriminatory nature by an em-ployer toward an employee or applicant for employment, as a condition for the creation, continuation or alteration of a contract of employment, or for assignment, allocation, remuneration, assessment, promotion, transfer, demotion, incentives, discipline, etc.
An employer with 30 or more employees must define measures for the prevention of sexual harassment, and complaint and disciplinary procedures, and display them publicly in the workplace. Upon becoming aware of the oc-currence of sexual harassment, an employer must take immediate and effective action to correct and redress the situation.
III.Measures to promote equality in em-ployment
A female employee who has difficulty working due to her menstrual cycle may take one day of menstrual leave per month. Such leave should be counted as sick leave.
After a full year in the employment of an em-ployer with 30 or more employees, an employee with any child aged less than three years may request unpaid parental leave for a period until the child reaches age three, but not more than two years. But this does not apply if the spouse of the employee is not employed. Regulations to govern unpaid parental leave should be made by the central competent authority. The payment of subsidies for unpaid parental leave will be regu-lated by another law.
Where an employee's child aged less than one year needs to be fed by the employee, in addition to the normal rest periods the employer must allow two feeding periods of 30 minutes each per day. Such feeding time is deemed to be working time.
An employee of an employer with 30 or more employees may request a reduction or adjust-ment in working hours to care for a child aged less than three years. But an employer may re-fuse such a request on legitimate grounds.
Where an employee of an employer with 30 or more employees needs to personally care for a family member who is being immunized, is se-riously ill, or needs care for another important reason, the employee may request family care leave. Such leave should be counted as private business leave, to a limit of seven days per year. But this does not apply to an employee whose spouse is not employed.
An employer with 250 or more employees should provide childcare facilities or make available appropriate childcare measures. Regulations governing standards and subsidies for childcare facilities or measures should be made by the central competent authority in consultation with relevant agencies.
IV.Remedies
An employee or applicant for employment who discovers that an employer is in violation of the law may seek redress by filing a complaint with the gender equality in employment committee of the local or central competent authority.