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Executive Yuan moves to protect temps from workplace harassment

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The Executive Yuan's Gender Equality Commission (GEC) announced after a committee meeting today that the government will step up regulations to protect temporary dispatched employees from sexual discrimination and harassment at their assigned places of work.

The GEC asked relevant government agencies to propose concrete measures to address cases where harassment is perpetrated by the companies that request the services of temporary workers. In particular, the government must resolve legal ambiguities about whether an employer-employee relationship exists between the company and the temp, and whether the Act of Gender Equality in Employment applies to such cases.

Admitting that the act in its present form is limited in protecting dispatched employees, the Council of Labor Affairs (CLA) said it will expedite amendment of relevant laws and regulations because the work of safeguarding the workers' rights is a matter that brooks no delay.

Premier Jiang Yi-huah instructed the CLA and the Ministry of Health and Welfare (MOHW)—competent authorities of the Act of Gender Equality in Employment and the Sexual Harassment Prevention Act, respectively—to adopt a dual-protection system that covers the temps under both laws during the period while the laws are being amended.

To enable companies and temporary work agencies to fully understand their responsibilities and liabilities, the CLA was asked to step up publicity and guidance on legal requirements and punishments. The CLA will provide employers with sample procedures for preventing, reporting and punishing sexual harassment in the workplace; samples of company policies against sexual harassment; sample of dispatch contracts between companies and temp agencies; and guiding principles on the rights and interests of dispatched employees.

The Directorate-General of Personnel Administration has also promulgated regulations governing the use of temporary workers by agencies under the Executive Yuan, requiring government agencies to strengthen protection and fully implement preventive and punitive measures against sexual harassment.

At today's meeting, the Ministry of the Interior (MOI) also reported on the restructuring of police units for women and children. To ensure seamless transitions at central and local governments, plans are afoot to upgrade the units to higher levels, increase entry-level personnel, and build a women and children protection network as well as assistance system. With more manpower, better work efficiency and greater expertise—in particular by retaining and rewarding experienced domestic violence protection officers—the government can build a comprehensive system to protect women and children and ensure their safety, MOI officials said.

Also discussed today was the many former freeway toll collectors being transferred to other jobs after the country adopted an electronic collection system last month. The Taiwan Area National Freeway Bureau reported on job matching and other living assistance given to these workers, providing breakdowns by age and gender. Premier Jiang directed the Ministry of Transportation and Communications (MOTC) to continue following up on Far Eastern Electronic Toll Collection Co. and ensure that the new system's operator gives priority to middle-aged and older female workers during the job transfer process. Jiang also asked the MOTC, CLA and MOHW to form a task force to protect the rights of the toll collectors.

Concluding the meeting, the premier thanked the GEC for its suggestions on various issues related to gender equality and its all-out efforts to enhance equality and empower women around the country. Its work to promote the Enforcement Act of Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) has also allowed authorities to evaluate compliance with the convention and complete Taiwan's second country report on the CEDAW. Jiang was pleased with the achievements of the ministries and departments and encouraged them to continue to work together in building a gender-friendly, gender-equal society.
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