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You are here: Home > General Information > Hong Kong and Macau Residents

Hong Kong and Macau Residents

Where do I go to seek help in case of sexual harassment in the workplace?

  • Source:National Immigration Agency, Ministry of the Interior
  • Date:2013/10/2
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I. Workplace Sexual Harassment:
1. Sexual Harassment:
Refers to the seeking of sexual favors that is unsolicited or against one’s will, verbal statements or acts with sexual connotation or sexual discrimination.
2. Workplace Sexual Harassment:
Means event of sexual harassment occurring at work (including during interview and employment period) and during the performance of a labor contract.
3. Types:
(1) Quid Pro Quo Sexual Harassment:
Sexual harassment from a person with management and supervisory authority towards an affiliate and using the right to work, promotion or performance review as conditions of exchange.
(2) Hostile Work Environment Harassment:
Including colleagues, clients and subcontractors, creating a hostile, threatening or aggressive work environment for the employee, infringing upon or interfering with personal integrity, physical freedom or impacting the work performance thereof.
4. Hostile Work Environment Harassment:
Workplace sexual harassment shall be determined based on substantial facts such as the background and work environment under which the individual incident took place. Subjective conditions should be determined from the victim’s perspective and not from the perpetrator’s recognition.
II. Prevention against Workplace Sexual Harassment:
1. Employers should prevent the occurrence of any act of sexual harassment.
2. For employers hiring over thirty employees, measures for preventing, correcting sexual harassment, related complaint procedures and disciplinary measures shall be established. All these measures mentioned above shall be openly displayed in the workplace.
III. Ways to File Complaint and Seek Assistance
1. Timing of Complaint:
(1) When the employee or job seeker discovers that the employer has not established measures for preventing, correcting sexual harassment, related complaint procedures and disciplinary measures.
(2) Upon occurrence of sexual harassment, the employer fails to immediately undertake effective correction and remedy measures.
2. Corresponding Authorities:
Please contact the local administrative authority (labor or social bureau/office of county/city government) for consultation or assistance.
3. Remedy Procedure:
(1) After employees or applicants find out that employers contravene the stipulations of Articles 13t and file complaints 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 (Council of Labor Affairs of the Executive Yuan) for review or file an administrative complaint directly within ten days.
(2) 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 complaints and proceed administrative lawsuits pursuant to the procedures of the Administrative Appeals Act and the Administrative Lawsuits Act.
IV. Complaint Channels:
Please contact the local labor administrative authority (labor or social bureau/office of county/city government) or the Consultation Hotline of the Council of Labor Affairs of the Executive Yuan: 02-8590- 2567
The handling of workplace sexual harassment is administered by the Council of Labor Affairs of the Executive Yuan. For details, please refer to the website of the Council of Labor Affairs of the Executive Yuan: Chinese WebpageEnglish Webpage
Address: 9F, No. 83, Section 2, Yangping North Road, Datong District, Taipei City
Telephone: 02-8590-2866

  • Hit: 1989
  • Updated: 2013/11/27 20:05:00