修正日期 民國 99 年 05 月 26 日
Chapter 1 General Provisions
第 一 章 總則
This Act is prescribed in order to promote substantive gender equality, eliminate gender discrimination, uphold human dignity, and improve and establish education resources and environment of gender equality.
For matters not set forth in this Act, the relevant provisions of other laws shall govern.
第 1 條 為促進性別地位之實質平等，消除性別歧視，維護人格尊嚴，厚植並建立性別平等之教育資源與環境，特制定本法。
The following terms that appear in this Act are hereby defined:
1. Gender equity education: to eliminate gender discrimination and promote substantive gender equality through education.
2. School: public and private schools of all levels.
3. Sexual assault: any sexual offense defined by the Sexual Assault Prevention Act
4. Sexual harassment: cases described by the following and do not constitute as sexual assaults:
i) Unwelcome remarks or conducts that carry explicitly or implicitly a sexual or gender discriminating connotation and thereby adversely affect the other party's human dignity, or the opportunity or performance of her or his learning or work.
ii) A conduct of sexual or gendered nature that is served as the condition for oneself or others to gain or lose rights or interests in learning or work.
5. Sexual assault or sexual harassment on campus: sexual assault or sexual harassment that involves the school principal, faculty, staff or student as one party and student as the other party.
第 2 條 本法用詞定義如下：
The term competent authority used in this Act is referred to the Ministry of Education at the central government level, the municipal government at the municipal level, and the county or city government at the county or city level.
第 3 條 本法所稱主管機關：在中央為教育部；在直轄市為直轄市政府；在縣 (市) 為縣 (市) 政府。
Article 4 The central competent authority shall establish a gender equity education committee whose tasks include:
1. Draft laws, regulations, policies and annual projects related to gender equity education at national level;
2. Coordinate and integrate related resources, assist and fund the regional competent authority and schools and social education institutions under its jurisdiction in order to implement and develop gender equity education;
3. Supervise and evaluate gender equity-related activities carried out by the regional competent authority, schools and social education institutions under its jurisdiction under its jurisdiction;
4. Promote research and development of curricula, teaching, and assessments on gender equity education and related issues;
5. Plan and implement gender equity education personnel training programs;
6. Provide consultation services related to gender equity education, and investigate and handle cases pertinent to this Act;
7. Promote gender equity in family education and social education at national level;
8. Other matters related to gender equity education at national level.
第 4 條 中央主管機關應設性別平等教育委員會，其任務如下：
The competent authority of the municipal government at municipal level and the county or city government at county or city level shall establish a gender equity education committee whose tasks include:
1 Draft regional laws and regulations, policies and annual projects related to gender equity education;
2. Coordinate and integrate related resources, assist and fund the regional competent authority and schools and social education institutions under its jurisdiction in order to implement and develop gender equity education;
3. Supervise and evaluate gender equity-related activities carried out by schools and social education institutions under its jurisdiction;
4. Promote research on curricula, teaching, and assessments on gender equity education and related issues;
5. Provide schools and social education institutions under its jurisdiction consultation service related to gender equity education, and investigate and handle cases pertinent to this Act;
6. Implement in-service education programs for faculty and personnel in schools under its jurisdiction;
7. Promote gender equity in family education and social education;
8. Other regional matters related to gender equity education.
第 5 條 直轄市、縣 (市) 主管機關應設性別平等教育委員會，其任務如下：
The school shall establish a gender equity education committee whose tasks include:
1. Integrate related resources in various departments of the school, draft gender equity education projects, and implement and examine the results of the projects;
2. Plan and implement activities related to gender equity education for students, staff, faculty, and parents;
3. Research, develop and promote courses, teaching, and assessments on gender equity education;
4. Draft and implement regulations on gender equity education and prevention of sexual assault and sexual harassment on campus, establish mechanisms to coordinate and integrate related resources;
5. Investigate and handle cases pertinent to this Act;
6. Plan and establish a safe and gender-fair campus;
7. Promote gender equity in family education and social education at community level;
8. Other matters related to gender equity at school or community level.
第 6 條 學校應設性別平等教育委員會，其任務如下：
The gender equity education committee of the central competent authority shall consist of seventeen to twenty-three members, who shall serve for specific terms. The Minister of Education shall be chair of the committee. At least half of the committee members shall be women. Experts, scholars, NGO/NPO representatives and practitioners from fields related to gender equity education shall make up at least two-thirds of the committee members.
The aforesaid committee shall hold at least one meeting every three months, and appoint staffer(s) ad hoc to handle related matters. Matters regarding the organization and meetings of the committee and other related affairs shall be prescribed by the central competent authority.
第 7 條
The gender equity education committee of the municipal government and county or city level shall consist of nine to twenty-three members, who shall serve specific terms. The mayor of the municipality, the magistrate of the county or the mayor of the city government shall be chair of the committee. At least half of the committee members shall be women. Experts, scholars, NGO/NPO representatives and practitioners from fields related to gender equity education shall make up at least one-third of the committee members.
The aforesaid committee shall hold at least one meeting every three months, and appoint staffer(s) ad hoc to handle related matters. Matters regarding the organization and meetings of the committee and other related affairs shall be prescribed by the competent authorities at municipal, or county or city level.
第 8 條 直轄市、縣 (市) 主管機關之性別平等教育委員會，置委員九人至二十三人，採任期制，以直轄市、縣 (市) 首長為主任委員，其中女性委員應占委員總數二分之一以上；性別平等教育相關領域之專家學者、民間團體代表及實務工作者之委員合計，應占委員總數三分之一以上。
前項性別平等教育委員會每三個月應至少開會一次，並應由專人處理有關業務；其組織、會議及其他相關事項，由直轄市、縣 (市) 主管機關定之。
The gender equity education committee of the school shall consist of five to twenty-one members, who shall serve specific terms. The school principal or president shall be chair of the committee, and at least one half of the committee members shall be women. Representatives of faculty, staff, parents, students, and experts with gender equity consciousness, and scholars from fields related to gender equity education may be invited to be committee members.
The aforesaid committee shall hold at least one meeting every three months, and appoint staffer or teacher ad hoc to handle related matters. Matters regarding the organization and meetings of the committee, and other related affairs shall be prescribed by the school.
第 9 條
Article 10 The competent authority at central, municipal, county or city shall designate budgeting in accordance with all the projects planned by its gender equity education committee.
第 10 條 中央、直轄市、縣 (市) 主管機關及學校每年應參考所設之性別平等教育委員會所擬各項實施方案編列經費預算。
The competent authority shall supervise schools, social education institutions, or institutions under its jurisdiction to carry out tasks pertinent to gender equity education, as well as provide assistance where necessary. Those who accomplish significant achievements shall be awarded, whereas those who have substandard achievements shall be corrected and supervised for improvement.
第 11 條 主管機關應督導考核所主管學校、社教機構或下級機關辦理性別平等教育相關工作，並提供必要之協助；其績效優良者，應給予獎勵，績效不良者，應予糾正並輔導改進。
Chapter 2 Learning environment and resources
第 二 章 學習環境與資源
The school shall provide a gender-fair learning environment and establish a safe campus environment.
The school shall respect the gender temperaments and sexual orientation of students, faculty and staff.
The school shall erect regulations to implement gender equity education, and promulgate them.
第 12 條
The school shall not discriminate against prospective students and their admission acceptance on the basis of their gender or sexual orientation. This dose not apply to schools, classes and curricula with historical tradition, special education missions, or other non-gender related reasons, upon the approval of the competent authority.
第 13 條 學校之招生及就學許可不得有性別或性傾向之差別待遇。但基於歷史傳統、特定教育目標或其他非因性別因素之正當理由，經該管主管機關核准而
The school shall not discriminate against students on the basis of their gender or sexual orientation in its teaching, activities, assessments, award and punishment, welfare and services. This does not apply to matters only suitable for specific gender.
The school shall affirmatively provide assistance to students who are disadvantaged due to their gender or sexual orientation in order to improve their situation.
The school shall affirmatively protect rights to education of pregnant students, as well as provide assistance where necessary.
第 14 條
Article 15 Gender equity education shall be included in pre-service training of staff members, orientation training of new staff members, in-service education program and preparation program for educational administrators, the same in professional teacher training programs in colleges and universities.
第 15 條 教職員工之職前教育、新進人員培訓、在職進修及教育行政主管人員之儲訓課程，應納入性別平等教育之內容；其中師資培育之大學之教育專業課，應有性別平等教育相關課程。
At least one-third of members of Staff Appraisal Committee, Grievance Review Committee, and Faculty Evaluation Committee at the school level, as well as the Faculty Grievance Review Committee of the competent authority at the central, municipal and county or city level, shall consist of either sex. This requirement need not apply to schools whose number of faculty members of either sex is lower than one-third of the total number of Faculty Evaluation Committee members.
The school and competent authority shall complete reorganization of committees according to the aforesaid regulations within one year from the effective date of this Act.
第 16 條 學校之考績委員會、申訴評議委員會、教師評審委員會及中央與直轄市、 縣 (市) 主管機關之教師申訴評議委員會之組成，任一性別委員應占委員總數三分之一以上。但學校之考績委員會及教師評審委員會因該校任一性別教師人數少於委員總數三分之一者，不在此限。
Chapter 3 Curriculum, teaching materials and instruction
第 三 章 課程、教材與教學
The school shall design curriculum and activities to encourage students to develop their potential and shall not discriminate students on the basis of their gender.
Elementary and junior high schools, in addition to integrating gender equity education into their curriculum, shall provide at least four hours of courses or activities on gender equity education each semester.
Senior high schools shall integrate gender equity education in their curriculum, the same as the five-year junior colleges in the first three years of their curriculum.
Universities and colleges shall offer a wide range of courses on gender studies.
Schools shall develop course planning and assessment methods in accordance to principles of gender equity education.
第 17 條 學校之課程設置及活動設計，應鼓勵學生發揮潛能，不得因性別而有差別待遇。
Article 18 The compilation, composition, review and selection of course materials shall comply with the principles of gender equity education. The content of teaching materials shall present fairly on the historical contributions, life experiences of both sexes, and diverse gender perspectives. .
第 18 條 學校教材之編寫、審查及選用，應符合性別平等教育原則；教材內容應平衡反映不同性別之歷史貢獻及生活經驗，並呈現多元之性別觀點。
When using teaching materials and engaging in educational activities, teachers shall maintain gender equity consciousness, eliminate gender stereotypes, and avoid gender prejudice and discrimination.
Teachers shall encourage students to take courses in fields that are not traditionally affiliated with their gender.
第 19 條 教師使用教材及從事教育活動時，應具備性別平等意識，破除性別刻板印象，避免性別偏見及性別歧視。
Chapter 4 Prevention and handling of sexual assault and sexual harassment on campus
第 四 章 校園性侵害或性騷擾之防治
The central competent authority shall prescribe regulations to prevent and handle sexual assault or sexual harassment on campus. Such regulations shall contain campus safety plans, matters needing attention regarding instruction and interpersonal interaction on and off campus, and handling mechanisms, procedures, and relief for a case of sexual assault or sexual harassment on campus.
The school shall prescribe and promulgate prevention and handling regulations for the aforesaid regulations.
第 20 條
In its handling of a campus sexual assault or sexual harassment case, the school or competent authority shall fulfill its report responsibility in accordance to pertinent laws and regulations. The school or competent authority shall turn over the case to its gender equity education committee for investigation and handling.
第 21 條 學校或主管機關處理校園性侵害或性騷擾事件，除依相關法律或法規規定通報外，並應將該事件交由所設之性別平等教育委員會調查處理。
In its handling of campus sexual assault or sexual harassment cases, the school or competent authority shall be objective, fair and professional, allowing both involved parties sufficient opportunities to make their statement and plea. Repeated interrogation shall be avoided.
The party's and offense-reporter's name and other information that may lead to personal identification shall be kept confidential, except for investigation necessity or public safety concerns.
第 22 條
In its handling of a campus sexual assault or sexual harassment case, the school or competent authority shall deploy necessary measures for the protection of the involved party's rights to education or work.
第 23 條 學校或主管機關於調查處理校園性侵害或性騷擾事件期間，得採取必要之處置，以保障當事人之受教權或工作權。
In its handling a campus sexual assault or harassment case, the school or competent authority shall inform the victim or his or her guardian of his or her rights and relief, or refer him or her to related institutions. Psychological counseling, protection measures or other assistance shall be provided where necessary.
第 24 條 學校或主管機關處理校園性侵害或性騷擾事件，應告知被害人或其法定代理人其得主張之權益及各種救濟途徑，或轉介至相關機構處理，必要時，應提供心理輔導、保護措施或其他協助。
Once a campus sexual assault and harassment case has been investigated and established, the school or competent authority shall impose punishment on the offender, or transfer him or her to other authority institutes for punishment in accordance to pertinent laws or regulations.
In its punishment of a sexual harassment offender, the school, competent authority or other authority institute may impose one or more of the followings on the offender:
1. Apologize to the victim upon the consent of the victim or his or her guardian;
2. Attend eight hours of courses on gender equity education;
3. Receive psychological counseling;
4. Prescribe other measures that comply with educational purposes.
In the case of the punishment in the first paragraph, the offender shall be allowed an opportunity to make a written statement when his or her status is changed.
第 25 條
During the investigation of a campus sexual assault or sexual harassment case, the school or competent authority may make public a description of pertinent matters, handling methods, and principles where necessary. After the case has been closed and upon the approval of the victim or his or her guardian, the school or competent authority may also make public whether the case is established, the type of the case, and handling method of the case. Party names and other information that may lead to their identification shall not be revealed.
第 26 條
The school or competent authority shall establish a database on cases of sexual assault or sexual harassment on campus, as well as profiles of offenders.
When the aforesaid offender transfers to another school for studies or employment, the former competent authority and the school where the offender worked or studied shall notify the new school where the offender works or studies within one month from the date of knowing such transfer.
The notified school shall keep track of the offender and provide counseling where necessary. The school shall not reveal the offender's name or other information that may lead to his or her identification without legitimate reason.
第 27 條
Chapter 5 Application for investigation and relief
第 五 章 申請調查及救濟
When the school violates regulations in this Act, the victim or his or her guardian may apply for an investigation to the competent authority supervising the school. The victim of a campus sexual assault or sexual harassment or his or her guardian may apply for an investigation in writing to the offender's school. If the offender is the head of the school, the investigation application shall be made to the competent authority supervising the school.
Anyone with the knowledge of the events mentioned in the preceding two paragraphs may report them to the school or competent authority according to prescribed procedures.
第 28 條
After receiving an application for investigation or an offense report, the school or competent authority shall send a written notification to the applicant or offense-reporter within twenty days to notify him or her whether the application is accepted.
The school or competent authority shall reject the application or offense report if one of the followings applies:
1. Events not prescribed in the regulations of this Act;
2. Applicants or offense-reporters who do not provide their real names;
3. A case that has already been handled and closed.
The notification in the preceding paragraph shall explain the reason of its rejection in writing.
If the applicant or offense-reporter does not receive a notification of application acceptance or rejection within the time frame mentioned in the first paragraph may reapply in writing to the school or competent authority within twenty days from the date following the notification is received. .
第 29 條
After receiving an application or offense report mentioned in the first paragraph of the preceding Article, the school or competent authority shall turn over the case to its Gender Equity Education Committee within three days for investigation and handling, except when the second paragraph of the preceding Article applies.
The Gender Equity Education Committee of the school or competent authority may form an investigation team for the aforesaid case.
Members of the aforesaid team shall have gender equity consciousness, and more than half of members shall be women. Part of the members may be invited from outside the school when necessary. At least one-third of the investigation team at the school level and at least one half at the competent authority level shall be composed of experts or scholars specialized in the investigation of such cases. The investigation team shall include representative(s) of the applicant's school when the two parties of the case belong to different schools.
When the Gender Equity Education Committee or investigation team carries an investigation according to the regulations prescribed by this Act, the offender, applicant and persons or offices who are invited to assist the investigation shall cooperate and provide pertinent information.
Pertinent regulations in the Administrative Procedure Law regarding jurisdiction, transfer, avoidance, service and rectification shall be applied or applies mutatis mutandis in this Act.
The Gender Equity Education Committee shall not be affected by the judicial procedures of the case in its investigation and handling of a case.
The Gender Equity Education Committee shall take into account the difference in power between the two parties in its investigation and handling of a case.
第 30 條
The Gender Equity Education Committee of the school or competent authority shall complete its investigation of a case within two months from the date the application or offense report is accepted. The investigation may be extended at most twice if necessary, and each extension may not exceed one-month's time. The applicant, offense-reporter and offender shall be notified of the extension.
After the investigation is complete, the Gender Equity Education Committee shall submit a written report to its school or competent authority regarding the investigation and suggestions for handling.
After receiving the aforesaid investigation report, the school or competent authority shall put forth a disposition or turn it over to the pertinent authority for a decision within two months according to this Act or pertinent laws or regulations. The school or competent authority shall notify in writing the applicant, offense-reporter and offender of its handling conclusion, facts established and grounds.
Before reaching the aforesaid conclusion, the school or competent authority may request representative(s) of its Gender Equity Education Committee to attend the meeting for clarification.
第 31 條
If not agreeing with the conclusion referred to the third paragraph of the preceding Article, the applicant and offender may apply in writing with grounds for reapplication within twenty days from the date following the date of receipt of the written notification. .
The aforesaid reapplication may be made only once.
The school or competent authority may request its Gender Equity Education Committee to reinvestigate the case under the conditions that major flaws in the investigation procedure, or new facts or evidences that would affect the investigation are discovered.
第 32 條
After receiving request for reinvestigation from the school or competent authority, the Gender Equity Education Committee shall organize a new investigation team, whose investigation and handling procedures shall follow pertinent regulations prescribed by this Act.
第 33 條 性別平等教育委員會於接獲前條學校或主管機關重新調查之要求時，應另組調查小組；其調查處理程序，依本法之相關規定。
If not satisfied with the disposition of the reapplication, the applicant or offender may petition for relief according to the following regulations within thirty days from the date following the date of receipt of the written notification.:
1. Public and private school principals and teachers: regulations prescribed by the Teacher's Act shall apply;
2. Civil service employees in public schools who are hired according to the Civil Service Employment Act and employees hired before the effective date (May 3rd, 1985) of the Statute for Appointment of Educational Personnel: regulations prescribed by the Civil Servant Protection Act shall apply;
3. Private school staff: regulations prescribed by the Gender Equality in Employment Act shall apply;
4. Public and private school workers: regulations prescribed by the Gender Equality in Employment Act shall apply;
5. Public and private school students: regulations prescribed by the school shall apply.
第 34 條
The school or competent authority shall establish facts relevant to cases prescribed by the Act according to the investigation report provided by its Gender Equity Education Committee.
The court shall consult the investigation reports provided by the Gender Equity Education Committee at different levels in establishing facts referred to in the preceding paragraph.
第 35 條
Chapter 6 Penal Provision
第六 章 罰則
School violating Article 13, Article 14, the second paragraph of Article 20, Paragraph 2to Article 22, or Paragraph 3 to Article 27 shall be subjected to a fine not less than 10,000 New Taiwan Dollars and not more than 100,000 New Taiwan Dollars.
An offender who violates the fourth Paragraph of Article 30 without legitimate reasons shall be subjected to a fine not less than 10,000 New Taiwan Dollars and not more than 50,000 New Taiwan Dollars. Consecutive fine may be made until he or she cooperates or provides pertinent information.
第 36 條
Chapter 7 Supplementary Provisions
第 七 章 附則
Article 37 Enforcement Rules for this Act shall be drawn by the central competent authority.
第 37 條 本法施行細則，由中央主管機關定之。
Article 38 This Act will take effect as of the date of promulgation.
第 38 條 本法自公布日施行。
by WAN-LI YANG 整理
Gender Equality in Employment Act (2008.11.26 )
Chapter I General Provisions
第 一 章 總則
To protect gender equality of right to work, implement thoroughly the constitutional mandate of eliminating sex discrimination, and promote the spirit of substantial gender equality, the Act is hereby enacted.
第 1 條: 為保障性別工作權之平等，貫徹憲法消除性別歧視、促進性別地位實質平等之精神，爰制定本法。
Arrangements made by employers and employees that are superior to those provided for by the Act shall be respected.
The Act is applicable to public personnel, educational personnel and military personnel, provided that, Articles 33, 34 and 38 of the Act shall not be included.
Complaints, remedies and processing procedures for public personnel, educational personnel and military personnel shall be handled in accordance with respective statutes and regulations governing personnel matters.
第 2 條
The terms used in the Act shall be defined as follows:
1.Employee means a person who is hired by an employer to do a job for which wage is paid.
2.Applicant means a person who is applying a job from an employer.
3.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.
4.Wage means compensation which an employee receives for his or her work, including wages, salaries, premiums, fringe benefits and other regular payments under whatever name which are payable in cash or in kind, or computed on an hourly, daily, monthly or on a piece-work basis.
第 3 條
The term competent authorities used in the Act are referred to the Council of Labor Affair of the Executive Yuan at the central government level, the municipal governments at the municipal government level, and the county/city governments at the county/city level.
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.
第 4 條
本法所稱主管機關：在中央為行政院勞工委員會；在直轄市為直轄市政府；在縣 (市) 為縣 (市) 政府。
In order to examine, consult and promote matters concerning gender equality in employment, the competent authorities at each government level shall set up committees on gender equality in employment.
The committees on gender equality in employment referred to in the preceding Paragraph shall have five to eleven members with a term of two years. They shall be selected from persons with related expertise on labor affairs, gender issues or with legal backgrounds. Among them, two members shall be recommended by workers' and female organizations respectively. The number of female members of the committees shall be over one-half of the total membership.
Matters concerning the organization, meeting and other related issues of the committees referred to in the preceding Paragraph shall be drawn up by the competent authorities at each government level.
In the case of local competent authorities which have already set up commissions on employment discrimination, they may handle the related matters referred to in this Act, provided that, the composition of these commissions shall be in accordance with the provisions of the preceding Paragraph.
第 5 條
For the purpose of promoting employment opportunities for women, the competent authorities at the municipal, country (or city) government level shall prepare and earmark necessary budgets to provide various occupational training, employment service and re-employment 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.
The Central Competent Authority may provide financial assistances for those competent authorities at the municipal, country (or city) government level that have provided occupational training, employment service and re-employment 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.
第 6 條
The scope of labor inspection being executed by the competent authorities shall include the content of prohibition of sex or sexual orientation discrimination, prevention and correction of sexual harassment, measures for promoting equality in employment of the Act.
第 6-1 條 :
Chapter II Prohibition of Sex or Discrimination
第 二 章 性別歧視之禁止
Employers shall not treat applicants or employees discriminatorily because of their sex or sexual orientation in the course of recruitment, examination, appointment, assignment, designation, evaluation and promotion. However, if the nature of work only suitable to a special sex, the above-mentioned restriction shall not apply.
第 7 條
Employers shall not treat employees discriminatorily because of their sex or sexual orientation in the case of holding or providing education, training or other related activities.
第 8 條: 雇主為受僱者舉辦或提供教育、訓練或其他類似活動，不得因性別或性傾向而有差別待遇。
Employers shall not treat employees discriminatorily because of their sex or sexual orientation in the case of holding or providing various welfare benefit measures.
第 9 條: 雇主為受僱者舉辦或提供各項福利措施，不得因性別或性傾向而有差別待遇。
Employers shall not treat employees discriminatorily because of their sex or sexual orientation in the case of paying remuneration. Employees shall receive equal pay for equal work or equal value. However, if such differentials are the result of seniority systems, reward and punishment systems, merit systems or other justifiable reasons of non-sexual or non-sexual-orientation factors, the above-mentioned restriction shall not apply.
Employers may not adopt methods of reducing the remuneration of other employees in order to evade the stipulation of the preceding Paragraph.
第 10 條:
Employers shall not treat employees discriminatorily because of their sex or sexual orientation in the case of retirement, severance, job leaving and termination.
Work rules, labor contracts and collective bargaining agreements shall not stipulate or arrange in advance that when employees marry, become pregnant, engages in child-birth or child-raising activities, they have to leave their jobs or apply for leave without payment. Employers also shall not use the above-mentioned factors as reasons for termination.
Any prescription or arrangement that contravenes the stipulations of the two preceding Paragraphs shall be deemed as null and void. The termination of the labor contract shall also be deemed as null and void.
第 11 條
Chapter III Prevention and Correction of Sexual Harassment
Sexual harassment referred to in this Act shall mean one of the following circumstances:
(1) in the course of an employee executing his or her employment duties, any one makes a sexual request, uses verbal or physical conduct of a sexual nature or with an intent of sex discrimination, causes him or her a hostile, intimidating and offensive working environment and infringes on or interferes with his or her personal dignity, physical liberty or affects his or her job performance.
(2) 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 sex discrimination as an exchange for the establishment, continuance, modification or assignment of a labor contract or as a condition to his or her designation, remuneration, personal evaluation, promotion, demotion, reward and punishment.
第 三 章 性騷擾之防治
第 12 條
Employers shall prevent and correct sexual harassment from occurrence. For employers hiring over thirty employees, measures for preventing and correcting sexual harassment, related complaint procedures and punishment measures shall be established. All these measures mentioned above shall be openly displayed in the workplace.
When employers know of the occurrence of sexual harassment mentioned in the preceding Article, immediate and effective correctional and remedial measures shall be implemented.
Related guidelines concerning preventive and correctional measures, complaint procedures, and punishment measures mentioned in the preceding Paragraph shall be drawn up by the Central Competent Authority.
第 13 條
Chapter IV Measures for Promoting Equality in Employment
第 四 章 促進工作平等措施
When female employees encounter job difficulty because of menstruation, they may request a menstruation leave for one day in one month. The number of this leave shall be incorporated into sickness leave.
The computation of wage of a menstruation leave shall be made pursuant to the related statutes and administrative regulations governing sickness leave.
第 14 條
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.
The computation of wage during maternity period shall be made pursuant to the related statutes and administrative regulations.
While employees' spouses are in labor, their employers shall grant them three days off as a fraternity leave.
During the preceding fraternity leave period, wage shall be paid.
第 15 條
After being in service for one year, employees may apply for parental leave without payment 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 cannot exceed two years. When employees are raising over two children at the same time, the period of their parental leave shall be computed aggregately, provided that, the maximum period shall be limited to two years the youngest one has received raising.
During the period of parental leave without payment, employees may participate in the original social insurance programs continuously. Premiums originally paid by the employers shall be exempted and premiums originally paid by the employees may be postponed consecutively for three years.
Payment of subsidies for parental leave shall be prescribed by other statutes.
The measures for implementing matters concerning parental leave shall be drawn up by the Central Competent Authority.
第 16 條
After the expiration of the 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:
(1) Where the employers' businesses are suspended, or there are operating losses, or business contractions.(2) Where the employers change the organization of their businesses, disband or transfer their ownership to others pursuant to other statutes.(3) Where force majeure necessitates the suspension of business for more than one month.(4) Where the change of the nature of business necessitates the reduction of workforce and the terminated employees cannot be reassigned to other suitable positions.
In the case of employers cannot reinstate employees due to the causes referred to in the preceding Paragraph, they shall give notice to the affected employees thirty days in advance and offer severance or retirement payments in accordance with legal standards.
第 17 條
Where employees are required to feed his or her baby of less than one year of age in person, in addition to the rest period stipulated, their employers shall permit them to do so twice a day, each for thirty minutes.
The feeding time referred to in the preceding Paragraph shall be deemed as working time.
第 18 條
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 from their employers:(1) to reduce working time one hour per day; and for the reduced working time, no remuneration shall be paid.(2) To adjust working time.
第 19 條
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 hired by employers with more than five employees may request a family leave. The number of this leave shall be incorporated into normal leave and not exceed seven days in one year.
The computation of wage during family leave period shall be made pursuant to the related statutes and administrative regulations governing normal leave.
第 20 條
When employees make a request pursuant to the stipulations of the preceding seven Articles, employers may not reject.
When employees make a request pursuant to the preceding Paragraph, employers may not treat it as a non-attendance and affect adversely the employees' full-attendance bonus payments, personal evaluation or take any disciplinary action that is adverse to the employees.
第 21 條
In the case of spouses of employees who are not engaged in any gainful employment, the stipulations of Articles 16 to 20 of the Act shall not apply, provided that, the employees have justifiable reasons.
第 22 條: 受僱者之配偶未就業者，不適用第十六條及第二十條之規定。但有正當理由者，不在此限。
Employers hiring more than two hundred and fifty employees shall set up child care facilities or provide suitable child care measures.
Competent authorities shall provide financial assistance for those employers who have set up child-care facilities or provide suitable child care measures for their employees.
The standards of setting up child care facilities, providing child care measures and matters related to financial assistance shall be drawn up by the Central Competent Authority after consulting with other related public authorities.
第 23 條
For the purpose of assisting those employees who have left their jobs due to the reasons of marriage, pregnancy, child-birth, 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.
第 24 條:主管機關為協助因結婚、懷孕、分娩、育兒或照顧家庭而離職之受僱者獲得再就業之機會，應採取就業服務、職業訓練及其他必要之措施。
For those employers who hire the employees who have left their jobs due to the reasons of marriage, pregnancy, child-birth, 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.
第 25 條: 雇主僱用因結婚、懷孕、分娩、育兒或照顧家庭而離職之受僱者成效卓著者，主管機關得給予適當之獎勵。
Chapter V Remedies and Appeal Procedures
第 五 章 救濟及申訴程序
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.
第 26 條:受僱者或求職者因第七條至第十一條或第二十一條之情事，受有損害者，雇主應負賠償責任。
When employees or applicants are damaged by the employment practices referred to in Article 12 of the Act, the employers and the harassers shall be jointly liable to make compensations. However, the employers are not liable for the damages if they can proof that they have complied with this Act and provide all preventive and correctional measures required, and they have exercised necessary care in preventing damage from occurring but they still happen.
If compensations cannot be obtained by the injured parties pursuant to the stipulations of the preceding Paragraph, the court may, on their application, taking into consideration the financial conditions of the employers and the injured parties, order the employers to compensate for a part or the whole of the damage.
The employers who have made compensations have rights of recourse against the harassers.
第 27 條
When employees or applicants are damaged because employers contravene the obligations referred to in Paragraph 2 to Article 13 of the Act, the employers shall be liable for any damage arising therefrom.
第 28 條: 受僱者或求職者因雇主違反第十三條第二項之義務，受有損害者，雇主應負賠償責任。
In the case of circumstances referred to in the preceding three Articles, employees or applicants may claim reasonable amounts of compensation even for such damage that are not purely pecuniary losses. If their reputations have been damaged, the injured parties may also claim the taking of proper measures for the rehabilitation of their reputations.
第 29 條: 前三條情形，受僱者或求職者雖非財產上之損害，亦得請求賠償相當之金額。其名譽被侵害者，並得請求回復名譽之適當處分。
The claim for damage arising from wrongful acts referred to in Articles 26 to 28 of the Act is extinguished by prescription, if not exercised in two years by the claimants become known of the damage or the obligees bound to make compensation. The same rule applies if ten years have elapsed from the date when the harassing conduct or other wrongful acts were committed.
第 30 條: 第二十六條至第二十八條之損害賠償請求權，自請求權人知有損害及賠償義務人時起，二年間不行使而消滅。自有性騷擾行為或違反各該規定之行為時起，逾十年者，亦同。
After employees or applicants make prima facie statements of the discriminatory treatment, the employers shall shoulder the burden of proof of non-sexual or non-sexual-orientation factor of the discriminatory treatment, or the specific sexual factor for the employees or the applicants to perform the job.
第 31 條: 受僱者或求職者於釋明差別待遇之事實後，雇主應就差別待遇之非性別、性傾向因素，或該受僱者或求職者所從事工作之特定性別因素，負舉證責任。
Employers may establish complaint systems to coordinate and handle the complaint filed by employees.
第 32 條: 雇主為處理受僱者之申訴，得建立申訴制度協調處理。
When employees find out that employer contravene the stipulations of Articles 14 to 20 of the Act, they may appeal to the local competent authorities.
When they appeal to the Central Competent Authority, the Authority shall refer the appeals to the local competent authorities after it receives the appeal or within seven days after the date it has found out the above-mentioned contraventions.
Within seven days after the local competent authorities have received the appeals, they shall proceed to investigate and may mediate the matters for the related parties in accordance with their competences and authorities.
The measures for handling the appeals referred to in the preceding Paragraph shall be drawn up by the local competent authorities.
第 33 條
After employees or applicants find out that employers contravene the stipulations of Articles 7 to 11, Article 13, Article 21, or Article 36 of the Act and appeals the matter to the local competent authorities, if the employers, employees or applicants are not satisfied with the decisions made by the local competent authorities, they may apply to the Committee on Gender Equality in Employment of the Central Competent Authority for examination or file an administrative appeal directly within ten days. If the employers, employees or applicants are not satisfied with the decisions made by the Committee on Gender Equality in Employment of the Central Competent Authority, they may file administrative appeals and proceed administrative lawsuits pursuant to the procedures of the Administrative Appeals Act and the Administrative Lawsuits Act.
The measures for handling the examination of the appeals referred to in the preceding Paragraph shall be drawn up by the Central Competent Authority.
第 34 條
When courts or competent authorities determines the facts of discriminatory treatments, they shall examine the investigation reports, rulings and decisions rendered by the committees on gender equality in employment.
第 35 條: 法院及主管機關對差別待遇事實之認定，應審酌性別工作平等會所為之調查報告、評議或處分。
Employers may not terminate, transfer or take any disciplinary action that is adverse to employees who personally file complaints pursuant to the Act or assist other file complaints.
第 36 條:雇主不得因受僱者提出本法之申訴或協助他人申訴，而予以解僱、調職或其他不利之處分。
The competent authorities shall provide necessary legal aid when employees or applicants who file lawsuits in courts because of any violation of the Act by their employers.
The measures for providing legal aid referred to in the preceding Paragraph shall be drawn up by the Central Competent Authority.
When employees or applicants file lawsuits referred to in the preceding Paragraph and apply for precautionary proceedings, the courts may reduce or exempt the amounts for security.
第 37 條
Chapter VI Penal Provision第 六 章 罰則
Employers who violate the stipulations of Article 21, or Article 36 of the Act, shall be punished by administrative fines not less than 10,000 yuan but not exceeding 100,000 yuan.
第 38 條: 雇主違反第二十一條或第三十六條規定者，處新臺幣一萬元以上十萬元以下罰鍰。
Employers who violate the stipulations of Articles 7 to 10, Paragraphs 1 and 2 to Article 11, the final part of Paragraph 1 and Paragraph 2 to Article 13 of the Act, shall be punished by administrative fines not less than 100,000 yuan but not exceeding 500,000 yuan.
第 38-1 條
Chapter VII Supplementary Provisions
第 七 章 附則
The enforcement rules of the Act shall be drawn up by the Central Competent Authority.
第 39 條 :本法施行細則，由中央主管機關定之。
The Act shall become effective on March 8, 2002.The effective date of revised article 16 made on December 19, 2007 shall be decided by the Executive Yuan.
第 40 條
2010.7.5 WAN-LI YANG整理