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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/12/05 02:48
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Chapter Law Content

Title: Sexual Harassment Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 4 Grievance and Investigation Procedure
Article 14
In addition to the relevant legal assistance, a victim in the incident of sexual harassment may also file a grievance in the following manners:
1. File the grievance within two years upon awareness of the incident, in the case of the incident of sexual harassment other than power-abused sexual harassment, unless it has been more than five years since the incident of sexual harassment takes place.
2. File the grievance within three years upon awareness of the incident, in the case of the incident of power-abused sexual harassment, unless it has been more than seven years since the incident of sexual harassment takes place.
The victim who is still a minor when the incident of sexual harassment takes place may file the grievance within three years after reaching adulthood. Notwithstanding, where any subparagraph of the preceding Paragraph provides a longer time limit, the subparagraph shall apply.
The grievance referred to in the preceding two paragraphs may be filed in writing or verbally, in the following manners:
1. If the offender works for any government agency (entity), troop or school at the time of grievance, the grievance shall be filed with the government agency (entity), troop or school;
2. If the offender is a head of any government agency (entity), chief officer above the rank of colonel in any military agency (entity) and troop, president of any school, supreme responsible person of any institution, or employer at the time of grievance, the grievance shall be filed with the municipal and county (city) competent authorities where the government agency (entity), troop, school, institution or employer is situated; and
3. If the offender is uncertain or any person other than those referred to in the preceding two subparagraphs at the time of grievance, the grievance shall be filed with the police agency situated within the jurisdiction where the incident of sexual harassment takes place.
Where the grievance against an incident of sexual harassment is withdrawn or is considered withdrawn in accordance with Paragraph 5 of Article 21 herein, no further grievance may be filed against the same matter.
In any of the following circumstances, the municipal and county (city) competent authorities may reject the grievance:
1. If the concerned party files the complaint after the due date;
2. If the grievance does not comply with the required forms and processes, and not corrected within the time limit as notified; and
3. If a second appeal is filed against the same incident of sexual harassment after the grievance is withdrawn or considered withdrawn.
Article 15
The government agencies (entities), troops, schools, police agencies, and the municipal and county (city) competent authorities shall start investigating within seven days of receiving the grievance or arrival of the transferred case and also complete the investigation within two months. If necessary, the length of the investigation may be extended by another one month and concerned parties shall be informed.
After the municipal and county (city) competent authorities accept the grievance against sexual harassment under the subparagraph 2 of Paragraph 3 of the preceding Article, the Committee convener shall assign three to five committee members to form an investigation team and address the case in accordance with the requirements referred to in the preceding paragraph. The female representatives in the investigation team shall be no less than one-half of the total team members, and one of them shall be elected as the team convener.
The investigation on an incident of sexual harassment shall be based on the principle of objective, justice and professionalism and provide both parties with a chance to make statements and defend. The relevant case status shall be notified in a timely manner. Where it is necessary to question the concerned party, repeated questions shall be avoided.
When the government agencies (entities), troops, schools and police agencies conduct the investigation under Paragraph 1 and the Committee conducts the investigation under Paragraph 2, they shall make an investigation report and propose suggestions to address the case, and transfer the documents to the municipal and county (city) competent authorities for resolution.
Article 16
Upon receipt of the investigation report and suggestions referred to in Paragraph 4 of the preceding Article, the municipal and county (city) competent authorities shall submit them to the Committee for review. If the Committee deems it necessary, it may form an investigation team pursuant to Paragraph 2 of the preceding Article to re-investigate the case for re-consideration.
When an incident of sexual harassment is under investigation or a trial and the Committee deems it necessary, it may pass a resolution to stop the process before the procedure is concluded.
After any grievance against sexual harassment is reviewed by the Committee, the municipal and county (city) competent authorities shall notify the investigation result to the complainant, offender, the agency that originally referred the case, and the affiliated unit of the offender defined in the subparagraph 2 of Paragraph 3 of Article 14 herein, via a written decision specifying the facts and reasons.
For disagreement to the decision against the investigation result referred to in the preceding paragraph, the complainant and offender may file an administrative appeal against the decision pursuant to laws.
Article 17
When the government agencies (entities), troops, schools, police agencies, and he municipal and county (city) competent authorities are conducting the investigation, the offender and any person or unit invited to help the investigation shall work with them, provide related data and refrain from evading, interrupting or rejecting the investigation.
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