Article Content

Title:
Gender Equality in Employment Act ( 2023.08.16 Modified )Ch

  Chapter Ⅵ Penal Provisions

Article 38
Employers who violate Article 21, Paragraph 4 of Article 27, or Article 36 of the Act shall be fined no less than N.T.$20,000 but not exceeding N.T.$300,000.
For those who commit any of the conducts referred to in the preceding paragraph, their names or titles and the persons-in-charge shall be put on public notice, and they shall be ordered to improve within a specified period. For those who have not improved within the specified period, they shall be fined and punished consecutively for each violation after the aforementioned period expires.
Article 38-1
Employers who violate Articles 7 to 10, Paragraphs 1 and 2 of Article 11 shall be fined no less than NT$300,000 but not exceeding NT$1,500,000.
Employers who violate the provisions of Paragraph 2 of Article 13 or where the competent authority at the local level, in accordance with the provisions of Paragraph 3 of Article 32-2, issues an order for necessary disposition within a specified period, shall be subject to a fine ranging from NT$20,000 to NT$1,000,000.
Employers who violate the provisions of Subparagraph 2 of Paragraph 1 of Article 13 shall be subject to a fine ranging from NT$20,000 to NT$300,000.
Employers who violate the provisions of Subparagraph 1 of Paragraph 1 of Article 13, and fail to make improvements within the specified period, shall be subject to a fine ranging from NT$10,000 to NT$100,000.
Employers who violate the provisions of Paragraph 5 of Article 32-2 shall be subject to a fine ranging from NT$10,000 to NT$50,000.
For those who engage in actions as described in the preceding Article or any of the preceding five Paragraphs, their names, the names of their representatives, the date of the penalty imposed, the violated Articles, and the amount of the fine shall be publicly disclosed, and they shall be given a deadline to make improvements; if improvements are not made by the specified deadline, they shall be penalized on each occasion.
Article 38-2
The highest-ranking official or employer who is determined by the competent authority at the local level to have engaged in sexual harassment shall be subject to a fine ranging from NT$10,000 to NT$1,000,000.
The accused party who violates the provisions of Paragraph 2 of Article 32-2 that avoids, obstructs, or refuses to cooperate with an investigation or provide information and without justifiable reasons, shall be subject to a fine NT$10,000 to NT$50,000.
The statute of limitations for exercising the power of adjudication under Paragraph 1 shall commence from the date when the competent authority at the local level receives the complaint filed by the complainant pursuant to the provisions of Paragraph 1 of Article 32-1.
Article 38-3
The highest-ranking official referred to in Subparagraph 1 of Paragraph 8 of Article 12, who is determined by the competent authority pursuant to the provisions of Paragraph 1 of Article 32-3 to have engaged in sexual harassment, shall be subject to the penalties prescribed in the preceding Article.
The statute of limitations for exercising the power of adjudication under the preceding paragraph shall commence from the date when the agency that accepts the complaint pursuant to the provisions of Paragraph 1 of Article 32-3 receives the complaint filed by the complainant under the said provisions, and it shall expire after the lapse of three years. However, if ten years have passed since the completion of the act, the statute of limitations shall apply as well.