We previously reported about the preceding amendment, which came into force in January 2022, which had mainly concerned the right to gender equality in right-to-work through measures to support parental responsibility and pregnancy. 

In this further amendment, which will come into force on 8 March 2024, the focus shifts to the issue of sexual harassment in the workplace.

The law broadens the protection to cover sexual harassment occurring outside working hours. It defines 'sexual harassment by a position of power,' what is meant by 'responsible person' and the related responsibilities.

The law requires all workplaces to set up channels for reporting sexual harassment.

A significant change concerns extending this obligation to small companies (with at least ten employees but fewer than 30) that were previously excluded. 

It also extends the time limit to complaints: victims sexually harassed by their employer may file a complaint within one year after resignation or ten years after the sexual harassment has ended.

Employers must also carry out investigations on all complaints of sexual harassment and report the results of the study to the local labour authorities. The law also requires employers to make workplace changes and provide medical care or counselling even when knowledge of sexual harassment has been gained by means other than a formal complaint.

There are also disciplinary actions against the accused, who may be suspended or transferred to another position and even dismissed within 30 days of the result of the investigation if the employer or local authority believes there is sexual harassment and the circumstances are serious.

Finally, the victim of sexual harassment may file a complaint directly with the local authorities in cases where the person accused of sexual harassment is the manager or the employer.

Employers can now be fined up to 1 million New Taiwan Dollars ($31,680) if they fail to address sexual harassment complaints.