Ministry of Labor Defines 6 Types of Top Executives; Workers Can Directly Report Sexual Harassment

The Ministry of Labor today revised and promulgated Article 4-2 of the "Enforcement Rules of the Gender Equality in Employment Act," supplementing the explanation of the "top executive" as defined in the "Gender Equality in Employment Act" to include six major categories. If a worker is sexually harassed, they can directly report to the local government without waiting for the company's internal investigation process. According to the regulations, the six major categories include current or former directors (board members) or supervisors (auditors); major shareholders holding 20% or more of the shares; individuals identified by labor unions, shareholders, cooperating vendors, or sexual harassment complainants as having a position equivalent to that of a representative, with concrete evidence; spouses, former spouses, blood relatives within four degrees of kinship, spouses of blood relatives within three degrees of kinship, or spouses of blood relatives within three degrees of kinship of the representative; representatives whose re-election has not yet been registered; and individuals in special important positions. Huang Chi-ya, Director of the Department of Labor Standards and Equal Employment at the Ministry of Labor, stated at a press conference today that a total of 621 workplace sexual harassment complaints were accepted by local competent authorities last year. Among these, 109 cases involved "the accused being a top executive or employer," with 33 cases ultimately established. Female complainants accounted for the majority at 83.9%, and complainants aged 25 to 44 were the most numerous. Huang Chi-ya explained that in practice, when employees are sexually harassed by individuals in important positions within a business unit who are not registered external representatives, it is difficult to expect the company to investigate sexual harassment cases in accordance with the Gender Equality in Employment Act, adhering to objective, fair, and professional principles. In addition, for sexual harassment by "individuals with positions equivalent to that of a representative" other than the external representative of the business unit, local governments will make individual determinations. The Ministry of Labor stated that if workplace sexual harassment is determined, a fine of New Taiwan Dollars 10,000 to 1,000,000 can be imposed. (Editor: Chang Ya-ching) 1150408