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Prohibition of Employment Discrimination

  • Last updated:2021-10-18

 To protect equal employment opportunities for citizens, Item 1, Article 5 of the Employment Services Act was amended and promulgated by the President on Nov 28, 2012. The amended article is as follows: "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; matters stated clearly in other laws shall be followed in priority.

When recruiting or employing employee(s), employer shall not engage in any of the following acts:

  1. Making false advertising or disclosure;

  2. Withholding any job applicant or employee's identification card, work certificate, or any other certifying document ,nor requesting the job seekers or employees (them ) to surrender any other personal documents unrelated to the employment concerned against his/her free will;

  3. Withholding job applicant's belongings or collecting bond from job applicant or employee;

  4. Assigning any job applicant or employee to engage in any work that is in violation of the public orders or the descent morals.

  5. Submitting false information or fake health examination sample (s) when applying for permit(s) to employ foreign worker(s), or dealing with recruitment, import, or management thereof. "

 According the Item 1, Article 5 of Employment Services Act, public agencies, public owned and private enterprises and civil associations have to comply with the regulations of the Act for recruitment and hiring. Employees encountering employment discrimination shall file a review application with local city and county governments (Bureau of Labor or Bureau of Social Affairs), once the discrimination complaint is held to be true by the Employment Discrimination Review Committee, violators shall be fined an amount of at least NT$ 300,000 and at most NT$ 1,500,000 in accordance with Article 65 of the Employment Services Act.

  • Source:Department of Standards and Equal Employment
  • Publication Date:2015-04-20
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