and other groups, these cases may be used to raise gender equality
awareness.
b) Ministry of Labor28
The Ministry of Labor stated that if business entities require their
employees to adhere to uniform standards while on duty, they must clearly
define such standards in their work rules or employment contracts.
Employees can make recommendations regarding uniform design through
their unions or during labor-management meetings to reach consensus.29
Company work rules must be submitted to the local competent
authorities for review. If an employer’s management measures or labor
conditions raise concerns about gender or sexual orientation discrimination,
the local competent authorities will demand that the employer amend its
work rules. Direct guidance from the competent authority will be provided
only if there is clear textual evidence of gender discrimination; if there are
potential concerns about gender discrimination that cannot be directly
determined through work rule reviews, the work rules must be submitted
to the relevant committee for deliberation.
If an employee files a complaint against specific management
measures, the local competent authorities may guide the employer. If an
employer is confirmed to have engaged in gender or sexual orientation
discrimination, the local competent authorities will impose a penalty on the
employer in accordance with the law.
The Gender Equality in Employment Act includes certain labor
inspections. For instance, businesses with over 30 employees are required
to establish relevant regulations, and an inspection will be conducted if the
business has no such regulations. However, in cases involving gender
discrimination, factual determinations and investigation are still required.
The Ministry of Labor indicated that it would continue to provide
28
29
The Commission’s meeting minutes with the advisory body on May 30, 2024.
As described in Lao-Dong-Tiao (IV) Letter No. 1120080041 issued by the Ministry
of Labor on November 9, 2023.
42