Yuan Ze University College of
Management
Providing Equal
Employment Opportunity
and a Safe Workplace
Learning Outcomes
At the end of this lesson, you will be able to:
1. Summarize the major laws in Taiwan requiring equal
employment opportunity.
2. Describe ways employers can avoid discrimination
and provide reasonable accommodation.
3. Define sexual harassment, and tell how employers can
eliminate or minimize it.
4. Explain employers’ duties under the Occupational
Safety and Health Act.
Major Employment Laws
in Taiwan
Prohibition of Gender Discrimination
Employers shall not treat job applicants or
employees discriminatorily because of their gender
in the course of recruitment, examination,
appointment, assignment, designation, evaluation,
promotion, retirement, and resignation.
When employees marry, become pregnant, engage in
child-birth or child-raising activities, employers
shall not use the above-mentioned factors as excuses
for termination.
Major Employment Laws in
Taiwan
Promotion of Gender Equality Measures
Employers are liable for granting menstruation
leave, maternity leave, fraternity leave, parental
leave, and family leave to employees.
In addition, employers hiring more than one
hundred employees shall set up breastfeeding
(breast milk collection) room, childcare facilities
or provide suitable childcare measures.
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Equal Employment Opportunity
(EEO)
 All individuals have equal chance for employment
 Government regulates HRM to ensure EEO
 Efforts to create EEO in Taiwan is provided in Item 1,
Article 5 of the Employment Service Act.
 The Item reads, in part,
“For the purpose of ensuring national's equal opportunity in
employment, employer is prohibited from discriminating against
any job applicant or employee on the basis of race, class,
language, thought, religion, political party, place of origin, place
of birth, gender, gender orientation, age, marital status,
appearance, facial features, disability, or past membership in
any labor union”
How Do Employee Exercise Their
Rights Under Discrimination Law?
 Employees encountering employment discrimination
shall file a review application with local city and
county governments (Bureau of Labor or Bureau of
Social Affairs)
 Employer's responsibility to provide proof:
After employees or job applicants make prima
facie statements of the discriminatory treatment,
the employers shall be responsible to provide
proof of non-sexual factor of the discriminatory
treatment, or the specific sexual factor for the
employees or the applicants to perform the job.
Major Employment Laws
in Taiwan
 Prevention of Sexual Harassment
 When employers know of the occurrence of sexual
harassment, immediate and effective correctional
and remedial measures shall be implemented.
 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.
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Management

Work and Pay Local Authority Handling of

Complaint Procedure
 Item1, Article 30 of the Labor Standards Act, labor cannot work over 8 hours
per day, or over 40 hours per a week. Received an employment or job applicant's
 From 1 January, 2024, Taiwan’s minimum wage has been adjusted as follow: gender work equality law complaint.
 Monthly wages will be NT$27,470
Understand the case to clarify the facts and their claims.
 Hourly wages will be NT$183
• Whether the grievance materials meet the requirements.
 Overtime Pay for the first 2 hours is 1.33 times while exceeding 2 hours is
1.66 times.
Investigate and collect relevant information.
 Considering the health of labor, the total working hours combining normal
hours and overtime hours cannot exceed 12 hours a day, 40 hours a week.
 To further facilitate gender equality in the workplace, the overtime working Convening the Gender Work Equality Meeting or
hours of both genders should be consistent not exceeding 46 hours per month. Employment Discrimination Review Committee Meeting.
 There should be a rest or break of 30 mins for every 4 hours of continuous
work except those working under shifts and special conditions (employer has Implement decisions
to adjust rest period

Businesses’ Role in Providing for Avoid Discrimination

Equal Employment Opportunity
 Disparate Impact
 Condition in which employment practices are seemingly
Avoiding Discrimination neutral yet disproportionately exclude a protected group
from employment opportunities
 Often is unintended by employer
Providing Reasonable Accommodation
 Establish and enforce an EEO policy
 Defines and prohibits unlawful behaviors
Preventing Sexual Harassment
 Provides procedures for making and investigating
complaints
Valuing Diversity  Affirmative Action and Reverse Discrimination
 Some argue that affirmative action is reverse discrimination

Providing Reasonable Examples of Reasonable

Accommodation Accommodations
 Employer required to do something to enable all otherwise
qualified individuals to perform the job
 Religion and disabilities should be considered
 Employer may be exempt from providing accommodation if
it would require significant expense or difficulty
 Accommodation “reasonable” if it does not impose an undue
hardship on employer
 Employers may perceive more hardship than what actually exists
 Note: Reasonable accommodations do not include hiring
an unqualified person, lowering quality standards, or
compromising co-workers’ safety.

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Management

Preventing Sexual Harassment Valuing Diversity

 Unwelcome advances, requests for sexual favors, and other
verbal/physical contact is sexual harassment when:  Some view diverse workforce as competitive
 Submission to conduct is a condition of employment
advantage; having diversity in leadership
important
 Submission/rejection is a basis for employment decisions
 Conduct interferes with employee’s work performance  Organizations may practice affirmative action
 Different kinds of sexual harassment:  Includes LGBT
 quid pro quo,  hostile working environment community
 Organizations can prevent sexual harassment by:
 Developing and communicating a policy that defines and forbids sexual Organizations that value
harassment diversity may try to hire,
reward, and promote
 Training employees to recognize and avoid this behavior employees who demonstrate
 Providing a means for employees to complain about harassment and be respect for others.
protected

Occupational Safety & Health Act Occupational Safety &

 Occupational Safety and Health Act
Health Act
 First set up in 1974
 The needs of promoting a healthy and safe workplace,
 The purpose of OHSA are
safeguarding labor rights, gradual completing the protection  to provide every workers with safety, health, and
system for labors suffering from occupational accidents and decent workplaces,
affording healthy workforce  to improve the access to competent services of the
 Occupational Safety and Health Administration (OSHA) diagnosis of occupational diseases, occupational
 A three-level agency under the Ministry of Labor that is compensation and rehabilitation, and
responsible for policy planning and implementation.  to ensure safe and healthy workforce to enhance
 It has three groups national competiveness.
 comprehensive planning and occupational health group,  Website: www.osha.gov.tw
 occupational safety group, and
 occupational disaster labor protection group.

Safety and Health Facilities Safety and Health Facilities

 The employers shall have the necessary safety and health
equipment and measures that comply with the following
items:
 To prevent the risk of injuries posed by items such as machines,
equipment, tools, materials of an explosive or flammable nature,
electricity, heat and other energy sources.
 To prevent the risk of all types of injuries encountered in the course
of business activities (falling, falling objects, or collapse at the job
site, raw materials, radiation, high or low temperature, all types of
waste.
 To prevent the risk of injuries posed by flood and fire, animals,
plants, and microorganism.
 To prevent the risk of injuries posed by passage, floors, and
stairways, including inadequate ventilation, lighting, illumination,
temperature control, humidity control.
 The employers shall adequately plan and adopt the
necessary safety and health measures for the
following items:
 To prevent musculoskeletal disorders induced by repetitive
operations and related work.
 To prevent ailments induced by exceptional workload, such
as work shifts, working at night, and working long hours.
 To prevent wrongful physical or mental harm caused by the
action of others during the execution of job duties.
 To allow for evacuation, first aid treatment, rest, or other
actions to protect the physical and mental health of laborers.

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Management

Safety and Health Management Review

 Employers shall formulate a safety and health
management plan based on the scale and
characteristics of the business entities, and shall also
establish a safety and health committee to monitor
the implementation of OSH.
 The OSH shall cover not only the employees but
extended to contractors and subcontractors, where
the employers shall assume joint liabilities with the
contractors for indemnity.
1. Summarize the major laws in Taiwan requiring
equal employment opportunity.
2. Describe ways employers can avoid
discrimination and provide reasonable
accommodation.
3. Define sexual harassment, and tell how employers
can eliminate or minimize it.
4. Explain employers’ duties under the Occupational
Safety and Health Act.

Homework
1. Review Chapter 3 of Textbook;
2. Reading for next class session: Chapter 4;
3. Write Reflective Journal 03, if you wish to;
4. Complete Quiz 03, if you wish to, using the link
below:

https://forms.gle/Lo18uqZqAksSDJ386

Questions?

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