TAIPEI (Taiwan News) — Taiwan amended three laws pertaining to sexual harassment earlier this month, after a wave of #MeToo allegations brought a long-delayed reckoning with the unspoken gender norms governing society and the workplace.
Taiwan has three separate laws overseeing sexual harassment depending on the domain: workplace, schools, and places outside these two spheres. In the workplace, employers who are aware of sexual harassment complaints but fail to address them can now face fines between NT$20,000 (US$636) and NT$1 million (US$32,000), per CNA.
Employers are required to report all cases of sexual harassment to government authorities. If employers themselves commit sexual harassment, they can be fined between NT$10,000 and NT$1 million.
In addition, companies are required to conduct an internal investigation into any sexual harassment allegation, after which they must report the results to their local city or county labor department. Previously, victims of workplace sexual harassment had no recourse besides court trials.
Under the new amendments, discriminatory or offensive language against someone because of their gender, or behavior that punishes those in the workplace professionally for rejecting one's sexual advances will be included in the definition of sexual harassment.
The amendments particularly seek to target power imbalances within the workplace and those who seek to take advantage of their power to abuse their subordinates. If the perpetrator is found to be someone in a position of power at the company, civil compensation to the victim could be two to three times as high, and three to five times as high if the offender is the company's owner.
When serious claims of workplace harassment are put forward against an individual, the company must place that individual on leave or transfer them into another role until an investigation concludes. If the investigation proves the allegations are true, the company must terminate the individual's contract within 30 days, the law states.
In addition, the statute of limitations for power-based sexual harassment has been extended to three years from the day an incident is known, or seven years from the day an incident occurs. A person may appeal within one year of resignation from the company, but if more than 10 years have passed since the incident, the appeal will be rejected.
Moreover, the new amendments address loopholes for small businesses with less than 30 people, which applies to more than 90% of companies in Taiwan. Companies with 10-29 employees will now also be compelled to set up mechanisms for reporting sexual harassment, something they were exempt from previously.
The new amendments will be effective on March 8, 2024, as companies and local authorities both need time to adjust their personnel and budgetary spending to meet the new requirements.
One #MeToo accuser, media influencer Anissa Chang, called the changes "beneficial in instilling fear," possibly restraining those who might want to abuse their authority to hurt others. However, several activists pointed out that it is not just the law but people’s attitudes that need to change.
The #MeToo movement has faced a backlash in Taiwan, as many people question victims' motives in coming forward. In July, Taiwan's former Labor Minister Wang Ju-hsuan (王如玄) told Taiwan News, "It is challenging for victims to provide evidence, not to mention the fear of retaliation and pressure coming from societal discrimination."
"Ultimately, the truly effective changes will lie in gender education and the social culture,” she said.