Hakka Affairs Commission, Taipei City Government

Title:Measures Established for the Prevention, Implementation, Complaint and Punishment of Sexual Harassment at the Workplace by the Hakka Affairs Commission, Taipei City Government
Date:(27-02-2002 Enacted)
Amendment:Transmitted into Order on December 21st, 2018 after Superiors’ approval and amendment.

1.The Hakka Affairs Commission, Taipei City Government (hereinafter referred to as the HAC) has established these measures in accordance with Paragraph 1, Article 13 of the Act of Gender Equality in Employment and the Regulations for Establishing Measures of Prevention, Correction, Complaint and Punishment of Sexual Harassment at Workplace promulgated by the Ministry of Labor, in order to provide the HAC’s personnel (including employees, contracted labor, technical students and trainees) with a work and service environment free of sexual harassment, to undertake proper prevention, correction, discipline and handling measures and to maintain the parties’ interest and privacy.

2.Sexual harassment referred to in these measures means that in the course of performing job duties by the above-described persons, anyone (including executive of any level, employee, member of the public, etc.) who creates a hostile, threatening or offensive work environment through sexual demand or any language or conduct with sexual meaning or sexual discrimination, resulting in the infringement or interference with his/her personality, physical freedom or an impact on his/her work performance; or an executive who makes any express or implied sexual demand or engages in any language or conduct with sexual meaning or sexual discrimination towards any of the HAC’s employee and applicants as a condition in exchange for the establishment, continuance or change of labor contract, assignment, allocation, remuneration, performance review, promotion, demotion, reward or disciplinary action.
Examples of sexual harassment include the following:
 

1. Attitude and conduct that generates insult, disparagement or discrimination based on gender difference.
2. Improper, unpleasant or offensive sex-related language, physical conduct or contact or sexual demand.
3. Demand for sexual intercourse or sex-related act through threatening or punishing measures.
4. Forced sexual intercourse and sexual assault.
5. Demonstration of any picture or text with sexual meanings or sexual enticement.

3.The HAC should prevent the occurrence of sexual harassment in the workplace, protect its employees from the threats of sexual harassment, establish a friendly work environment and improve the awareness of executives and employees about gender equality. Upon occurrence or suspected occurrence of any case of sexual harassment, the prevention measures should be reviewed and improved immediately. In the case of the HAC's employees working at locations not under the control and management of this HAC, the latter shall identify, provide necessary protective measures and give detailed information in advance on the type of potential risk of sexual harassment in that work environment.

4.The HAC will regularly conduct educational training on the prevention and treatment of sexual harassment at the workplace for the employees and plan for courses on gender equality, sexual harassment prevention and treatment. Furthermore, it will also disclose relevant information publicly in the workplace.

5.The HAC has a workplace sexual harassment complaint channel. Relevant information is published through announcements, which are printed and issued to each employee.    Telephone hotline: 02-27091802
    Telefax hotline: 02-23252342
    Email hotline: web-hakka@mail.taipei.gov.tw

6.The HAC shall make use of various channels of communication, such as assemblies, activities, training, broadcasting and printed materials, to enhance the publicity on sexual harassment prevention, treatment measures and complaint channels.

7.When the HAC learns of any cases of sexual assault or sexual harassment, it should undertake immediate and effective correction and remedy measures. Due care shall also be exercised about the following:

1. Protection of the victim’s interests and privacy.
2. Maintenance or improvement of the security of the relevant locations.
3. Disciplinary sanctions on the perpetrator.
4. Other prevention and improvement measures.

8.In order to handle sexual harassment complaint cases, the HAC has put in place a Sexual Harassment Complaint Handling Committee (hereinafter referred to as the “Committee”), which is composed of the employer and employee representatives to handle workplace sexual harassment complaint cases. One member is designated by the Committee to be the Chairperson of the meetings. If the Chairperson is unable to preside for any reason, he/she may appoint another member to represent him or her. Five members stand on the Committee and not less than one half of whom shall be of the same sex. Experts and academics shall be appointed as members if necessary.
Dispatched workers who are sexually harassed when performing their duties, the HAC will process the complaint and conduct an investigation together with the dispatching entity. The results of the investigation shall be provided to the dispatching entity and the worker.

9.A complaint about sexual harassment may be raised verbally or in writing. If the complaint is filed verbally, the person or department with whom the complaint is filed should make a record, which should be read to or reviewed by the complainant. After the complainant’s confirmation, he/she should affix a signature or seal on the records.
The complaint should be affixed with the complainant’s signature or seal and should specify the following:
 

1. The complainant’s name, department and title, address, telephone and date of complaint.
2. If there is a designated representative, a power of attorney should be provided, specifying the representative’s name, address and telephone.
3. Facts and contents of the complaint.

If the complaint or the record prepared based on a verbal complaint is inconsistent with the preceding provision and if such inconsistency can be corrected, the complainant should be asked to make the correction within 14 days. If the correction is not made within such period, the complaint will not be processed.

10.Before the Committee reaches a resolution, the complainant or his/her authorized representative may withdraw the complaint in writing. Once withdrawn, no complaint may be filed again for the same matter.

11.The Committee shall only conduct a meeting if it is attended by the majority of members. A resolution should only be made with the approval of the majority of the members attending the meeting. In case of a tie vote, the Chairperson shall cast a deciding vote.

12.When the Committee conducts an investigation, the parties and related persons may be asked to provide explanations in person. Persons with certain knowledge and experience may also be invited to provide assistance.

13.The Committee should conduct investigations on sexual harassment in a non-public manner. The parties’ privacy and other interest of personality should be protected in the course of investigation. The persons participating in the handling, investigation and resolution of the sexual harassment matter should keep the contents of the complaint case confidential. In case of any breach, the Chairperson of the Committee should terminate the participation of such person. The Committee may also impose sanctions and pursue relevant liabilities in accordance with applicable laws depending on the situation. The HAC may also dismiss the person’s employment or service.

14.The HAC should conduct investigations on a sexual harassment case based on the following investigation principles:

1. Sexual harassment cases should be investigated in a non-public manner and the parties’ interest and personality interest should be protected.
2. Sexual harassment case should be investigated in an objective, fair and professional way, providing the parties with enough opportunity to state their opinions and defense.
3. If the victim’s statement is clear and there is no need to make inquiries, duplicated inquiries should be avoided.
4. To investigate a sexual harassment case, the parties and related parties may be asked to provide explanations in person. Persons with relevant knowledge and experience may also be invited to provide assistance.
5. Confrontation between the parties or witnesses in a sexual harassment case should be avoided in case of unequal power.
6. As required for investigation, an investigator may prepare written documents and provide them to the parties for their review or advise them with the key contents thereof, within the extent of confidentiality.
7. All persons handling a sexual harassment case should keep confidential the parties’ names and other personally identifiable data, except required or the investigation and out of consideration for public security.
8. In the course of investigation on a sexual harassment case, the parties may be referred to or provided with psychological assistance and legal aid depending on their physical and mental status.
9. In the course of complaint, investigation, monitoring or review of a sexual harassment case, no differential treatment should be provided to any person that filed a complaint, report, claim, lawsuit, testimony, assistance or other participation.

15.The Committee should close the case within 2 months from the filing of the complaint. If required, the period may be extended for one month and the parties should be notified.
With the results of the investigation, the Committee should reach a resolution with reasons and may impose disciplinary sanctions or provide other recommendations. The investigation resolution should be notified to the complainant, the counterparty and the HAC in writing, specifying that any objection to the resolution of the complaint case should be filed with the Committee within 20 days. Such periods shall start from the day following the date on which the complaint resolution is served on the parties or a latter time of occurrence or knowledge of the reason for objection.
The objections should be accompanied by written reasons and should be handled by the Committee through another meeting resolution. After the case is closed, no complaint may be filed again for the same matter.

16.The parties may file an objection to the resolution of the Committee in case of any of the following events:

1. Complaint resolution is clearly contradictory to the reasons specified.
2. The organization of the Committee is illegal.
3. Participation in decision-making by a member/members who should be avoided under Article 15 of the Regulations of Sexual Harassment Prevention.
4. Any member that participated in the resolution breached his/her duty in relation to the complaint case and is found guilty of a criminal offense by confirmed judgment.  
5. Any witness or appraiser made a false statement about any evidence or appraisal that served as the basis for the resolution.
6. Any evidence that served as the basis for the decision was forged or altered.
7. Any civil, criminal or administrative litigation judgment or disposition that served as the basis for the decision is changed following confirmed judgment or administrative disposition.
8. Any evidence that was not taken into consideration has been discovered or has become available.
9. The prior resolution omitted to consider any important evidence that may have an impact on the resolution.

17.If any conduct of sexual harassment is confirmed by investigation, the HAC may, depending on the gravity of the matter, impose a relocation, demotion, salary reduction, disciplinary sanction or other disposition against the counterparty of the complainant in accordance with the Civil Servant related regulations, Work Rules and other requirements. If criminal liabilities are involved, the HAC should also assist the complainant to file a complaint. If the conduct of sexual harassment is proven to be a false accusation, the HAC may, depending on the gravity of the matter, impose disciplinary sanctions or dispositions against the complainant in accordance with applicable regulations such as the Civil Servant related regulations, Work Rules and so on.

18.The HAC shall follow up, review and monitor any conduct of sexual harassment to ensure effective performance of disciplinary sanctions or disposition measures and to avoid reoccurrence of the same event or any reprisal.

19.If any party needs counseling or medical care, the HAC may refer him/her for professional assistance or to a health institution.

20.The HAC will not dismiss, relocate or impose any unfavorable sanction on any employee for filing any complaint or assisting any other person to file a complaint provided in these measures.

21.If the person engaging in sexual harassment is not an employee of the HAC, the HAC shall provide necessary protection in accordance with these measures.

22.Matters not covered in these measures are handled in accordance with the Act of Gender Equality in Employment. In the event of any matter being in conflict with the Act of Gender Equality in Employment, it will be invalid.