Newsletter
LAW OF WORK EQUALITY FOR THE TWO SEXES
The Draft Law of Work Equality for the Two Sexes was passed by the Executive Yuan on 7 March. Major content are outlined below:
Employers may not discriminate in the following matters on the basis of sex:
1.recruitment, selection, hiring, or assignment of workers;
2.remuneration for the same work and the same efficiency;
3.appointment, evaluation, and promotions;
4.education, training, or other similar programs;
5.benefits of any and all kinds;
6.retirement, severance with pay, resignation, dismissal; and
7.dismissal of workers, or requests that workers resign on their own initiative, on grounds of marriage, pregnancy, childbirth, or child care. Any clauses or agreements contained in work rules, labor contracts, or collective agreements that may require workers to resign on grounds of marriage, pregnancy, childbirth, or child care are invalid.
Sexual harassment is defined and relevant provisions are prescribed:
1.employers should take appropriate preventive and disciplinary measures with regard to incidents of sexual harassment; and
2.employers or persons in managerial or supervisory positions must refrain from sexually harassing workers or prospective employees in any way.
Maternity leave and paternity leave
If a female worker applies to resume work early after having been on maternity leave for over four weeks after childbirth or two weeks after a miscarriage, and presents a physician certificate that to do so poses no hazard to her health, the employer may approve her request, and should pay wages for the relevant period. Employers should allow a male worker to apply for two days of unpaid paternity leave when his spouse gives birth. Paternity leave may not be deemed absence from duty or otherwise made subject to unfavorable treatment.
Unpaid leave of absence for infant care
A worker who has been employed for a full year in a business entity of 100 persons or more may apply for an unpaid leave of absence for purposes of caring for a child (children) under three years of age. One worker is entitled to no more than two such leave periods, and the combined periods may not exceed one year. An employer may not dismiss a worker because of his/her application for an unpaid leave of absence for infant care, nor dismiss him/her during the leave period, nor otherwise subject him/her to unfavorable treatment.
Home care leave
A worker employed in a business entity of 50 persons or more whose spouse is also currently employed may, after having used up all his/her time off and special vacation, apply for a home care level in cases of serious illness in the family, preventive inoculation requirements, or other serious matters requiring personal attention. Such leave may not exceed 7 days in one year, and is unpaid.