The amendments to three gender equality laws came into effect yesterday, International Women’s Day, as part of an effort to expand protections for victims of all forms of harassment.
Following the #MeToo movement that swept across the nation last year, the government has taken measures to amend relevant acts, including the Gender Equity Education Act (性別平等教育法), the Gender Equality in Employment Act (性別平等工作法) and the Sexual Harassment Prevention Act (性騷擾防治法).
This is to ensure that victims of sexual misconduct and assault receive adequate support, including counseling, legal assistance and improved reporting systems.
Photo: Fang Pin-chao, Taipei Times
In workplaces, the amendments seek to address employers’ responsibility regarding sexual misconduct, as former laws only provided guidance on preventing such incidents.
If local agencies determine that an employer has sexually harassed an employee, the individual is to face a fine of NT$10,000 to NT$1 million (US$318 to US$31,809).
In addition, former laws stipulated that only companies with more than 30 employees were required to set up measures to prevent and report sexual misconduct in the workplace, which left those working in small and medium-sized enterprises — the bulk of businesses in Taiwan — unable to seek formal redress.
The amendments require companies with 10 to 30 employees to establish their own formal reporting and punishment mechanisms, as well as reduce the time required to address such complaints.
Meanwhile, the new law mandates that companies with more than 500 employees must offer counseling services to victims at least twice upon request.
Local agencies responsible for handling such cases are also obligated to provide essential legal assistance and support. In addition, employers are required to grant victims official leave to attend hearings, as stipulated by law.
In educational establishments, the new law stipulates that students and teachers should not engage in “intimate relationships.”
For college students or older, the law specifies that teachers should not have intimate relationships with students due to the power differential.
The law says that courts might determine a fine based on the severity of the incident; if the school principal is involved, the fine is higher.
The maximum penalty for teachers involved in such relationships is dismissal, the new law says.
Regarding the amendments, the Ministry of Education said in a statement that relevant regulations have been updated to provide clearer guidelines within the education system.
This encompasses teaching, instructing, management, counseling and employment opportunities, meaning that teachers are prohibited from engaging in such relationships with students due to the inherent power imbalance.
Students interning outside schools also fall under the protections introduced by the amendment, the ministry said.
However, women’s groups and activists have raised questions regarding whether the new laws would bring about improvements and be effectively followed.
Garden of Hope chief executive officer Wang Yueh-hao (王玥好) told a news conference on Wednesday that the amended Sexual Harassment Prevention Act still defines relevant misconduct as an act that “violates one’s willingness,” leading to victims being questioned about why they did not reject such advances in the first place, particularly in cases involving power dynamics.
Wang said the definition should be amended to refer to an act conducted “without one’s consent” rather than the original “violating one’s willingness” in a bid to highlight the subjectivity of the victim and hold the perpetrator accountable for their behavior.
Modern Women’s Foundation secretary-general Wu Tzu-ying (吳姿瑩) said that the amendments have led to a more detailed and intricate definition of sexual harassment, potentially making it more challenging for victims to seek legal assistance.
Wu suggested that officials develop more effective communication strategies to minimize confusion when handling such cases and make it easier for victims of sexual harassment to identify the relevant laws that apply in such situations.
Taiwanese can file complaints with the Tourism Administration to report travel agencies if their activities caused termination of a person’s citizenship, Mainland Affairs Council Minister Chiu Chui-cheng (邱垂正) said yesterday, after a podcaster highlighted a case in which a person’s citizenship was canceled for receiving a single-use Chinese passport to enter Russia. The council is aware of incidents in which people who signed up through Chinese travel agencies for tours of Russia were told they could obtain Russian visas and fast-track border clearance, Chiu told reporters on the sidelines of an event in Taipei. However, the travel agencies actually applied
New measures aimed at making Taiwan more attractive to foreign professionals came into effect this month, the National Development Council said yesterday. Among the changes, international students at Taiwanese universities would be able to work in Taiwan without a work permit in the two years after they graduate, explainer materials provided by the council said. In addition, foreign nationals who graduated from one of the world’s top 200 universities within the past five years can also apply for a two-year open work permit. Previously, those graduates would have needed to apply for a work permit using point-based criteria or have a Taiwanese company
The Shilin District Prosecutors’ Office yesterday indicted two Taiwanese and issued a wanted notice for Pete Liu (劉作虎), founder of Shenzhen-based smartphone manufacturer OnePlus Technology Co (萬普拉斯科技), for allegedly contravening the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例) by poaching 70 engineers in Taiwan. Liu allegedly traveled to Taiwan at the end of 2014 and met with a Taiwanese man surnamed Lin (林) to discuss establishing a mobile software research and development (R&D) team in Taiwan, prosecutors said. Without approval from the government, Lin, following Liu’s instructions, recruited more than 70 software
Chinese spouse and influencer Guan Guan’s (關關) residency permit has been revoked for repeatedly posting pro-China videos that threaten national security, the National Immigration Agency confirmed today. Guan Guan has said many controversial statements in her videos posted to Douyin (抖音), including “the red flag will soon be painted all over Taiwan” and “Taiwan is an inseparable part of China,” and expressing hope for expedited reunification. The agency last year received multiple reports alleging that Guan Guan had advocated for armed reunification. After verifying the reports, the agency last month issued a notice requiring her to appear and explain her actions. Guan
RSS