In April 2020, the Ministry of Labor amended two regulations related to the Act of Gender Equality in Employment:

As the first of the amendment, the employer should expressly incorporate to its “measures of prevention, correction, complaint and punishment of sexual harassment at workplace” that the employee or the job seeker may also file a complaint with the local competent authority in the case where the harasser is the employer. This provision will be in force starting November 1 of this year. As the second of the amendment, the definition of “childcare measures” is revised by adding “childcare service provided by an employer to its employees by hiring or commissioning childcare personnel at designated locations set up by the employer” and the employer is granted with the relevant subsidy. The details are as follows:

1. Amendment to Articles 2 and 15 of the Regulations for Establishing Measures of Prevention, Correction, Complaint and Punishment of Sexual Harassment at Workplace (hereinafter the “Regulations”)

Article 13 of the Act of Gender Equality in Employment provides that for employers hiring over thirty employees, it shall establish the measures for preventing, correcting sexual harassment, related complaint procedures and disciplinary measures in accordance with relevant guidance promulgated by the Ministry of Labor.

If the harasser is the employer, for the purpose to prevent the employee from fear or leave his/her work directly, or in the circumstance where a job applicant has difficulty in gaining the knowledge on the grievance reporting channels in the business enterprise, this amendment adds Paragraph 2 of Article 2 to the Regulations, requiring the employer to expressly specify in its measures of prevention, correction, complaint and punishment of sexual harassment that the employee or job applicant may also file a complaint with the local competent authority in addition to filing a complaint through the company’s internal channels in the event that the employer is the harasser. Hence filing a complaint through the company’s internal channels is not prerequisite.

It has been taken into consideration that companies with 30 or more employee in Taiwan amount to over 30,000 companies. In order to allow time for the employers to respond, Paragraph 2 of Article 15 of the Regulations was added to expressly provide that this amendment will be effective from November 1, 2020.

Moreover, in the aforesaid circumstance where the sexual harasser is the employer, the word “employer” includes, in addition to the party that hires the employee, a person who represents an employer to exercise managerial authority or who represents an employer in dealing with employee matters. (Subparagraph 3 of Article 3 of the Act of Gender Equality in Employment)

2. Amendment to part of the Regulations on Subsidy and Standards for Establishing Breastfeeding (Breast Milk Collection) Rooms, Childcare Facilities and Measures

Article 23 of the Act of Gender Equality in Employment provides that Employers having one hundred employees or more shall provide breastfeeding (breast milk collection) rooms and childcare facilities or suitable childcare measures, and competent authorities shall provide subsidies to the employer.

On February 19, 2020, the Ministry of Health and Welfare amended the Registration and Management Regulations for Family Childcare Services Agencies by adding Article 20-1 to provide: “Employers employing or entrusting childcare providers at designated locations to provide childcare services for the children of their employees according to the provisions of Article 23 of the Act of Gender Equality in Employment shall proceed by applying Articles 16 through 19 mutatis mutandis...”

To encourage employers to provide childcare services to employees, the Ministry of Labor referenced the aforementioned addition of health and welfare regulations to amend part of the Regulations on Subsidy and Standards for Establishing Breastfeeding (Breast Milk Collection) Rooms, Childcare Facilities and Measures by including the model of “employer hiring or commissioning childcare personnel to provide employees childcare services at designated locations set up by the employer” into “childcare measures” so that employers may provide childcare services more flexibly. Employers are also granted with a subsidy at a maximum of NT$600,000. The subsidy items and examination standards are clearly provided to assist the employers in building up a parent-friendly work environment.

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* Provisions referenced

I. Articles 2 and 15 of the Regulations for Establishing Measures of Prevention, Correction, Complaint and Punishment of Sexual Harassment at Workplace

1. Paragraph 2 of Article 2 was added: “The measures in the preceding paragraph shall specify that when the employer is the harasser, the employee or applicant may also file a complaint with the local competent authority in addition to filing a complaint through the company’s internal channels.”

2. Paragraph 2 of Article 15 was added: “The Regulations amended on April 6, 2020, shall take effect from November 1, 2020.”

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II. The Regulations on Subsidy and Standards for Establishing Breastfeeding (Breast Milk Collection) Rooms, Childcare Facilities and Measures

1. Subparagraph 2 of Paragraph 3 of Article 2 was added: “Childcare measures set forth in Subparagraph 2, Paragraph 1, Article 23 of the Act are defined as follows: 2. employers by way of hiring or commissioning childcare service personnel to provide employees with childcare services at designated locations set up by the employer.”

2. Subparagraph 3 of Paragraph 1 and Paragraph 3 of Article 4 were added:

“（Paragraph 1） Employers may apply for subsidies in accordance with the following standards and provisions: 3. employers by way of hiring or commissioning childcare service personnel to provide employees with childcare services at designated locations set up by the employer: a maximum subsidy of NT$600,000 per year.

（Paragraph 3） The subsidy items prescribed in Subparagraph 3 of Paragraph 1 include games, toys, facilities and equipment for sleeping, safeguarding, cleaning, meal preparation and dining, etc.”

3. Subparagraph 6 of Paragraph 1 of Article 6 was added: “When deciding the amount of subsidies in accordance with the Regulations, the following items shall be reviewed: 6. Appropriateness of the space and equipment planning of the designated locations set up by the employer for the employer’s hiring or commissioning of childcare service personnel to provide employees with childcare services.”

4. Subparagraph 4 of Article 7 was added: “When an employer applies for subsidies, he or she shall submit the following documents: 4. Childcare services in home setting set up by the employer: (1) application form; (2) implementation plan; (3) list of employees’ children to be placed in childcare; (4) registration certificate of the personnel of home-setting childcare services.”

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