Preventing Employment Discrimination: A Guide for Clients
Article 5 of the Employment Service Act prohibits discrimination in recruitment and employment, and Article 40(1)(2) bars employment agencies from publishing advertisements that breach it. Any role you ask us to fill must therefore be free of discriminatory requirements.
How we work
- We review every requirement in your job brief.
- If a requirement may be unlawful, we explain why and suggest job-related wording.
- If it cannot be changed, we decline the assignment. We will not screen candidates on that basis informally either.
Requirements you cannot include
| Not allowed | Ground | Try instead |
|---|---|---|
| Men only / women only | Gender | State the actual demand, e.g. "able to lift 20 kg" or "night shifts required" |
| Aged 25 to 35 / young people preferred | Age | "3+ years of relevant experience" or "proficient in [system]" |
| Single preferred | Marital status | State travel or hours, e.g. "about one week of travel per month" |
| Attractive / good-looking / at least 165 cm tall | Appearance, facial features | "Strong communication and presentation skills" |
| Hsinchu natives only | Place of origin or birth | "Able to work at our Hsinchu site" |
| Specific religion or political affiliation | Religion, political affiliation | Leave out |
| Specific zodiac sign or blood type | Zodiac sign, blood type | Leave out |
| No former union members | Past union membership | Leave out |
| Not suitable for people with disabilities | Disability | State the essential skills and assess individually |
| Native speakers only | Language | "Able to conduct business in Japanese with clients"; language requirements must reflect the job |
Gender may be specified only when the nature of the work genuinely suits one gender, and you should be able to explain why (Gender Equality in Employment Act, Article 7).
Other rules during recruitment
Employers must not publish false advertisements; keep a candidate's ID or other documents against their will, or ask for private information unrelated to the job; withhold property or take deposits; or, where regular monthly pay is below NT$40,000, fail to disclose the pay range. For roles paying under NT$40,000 a month, please give us the salary range.
Penalties
Breaching Article 5(1) carries a fine of NT$300,000 to NT$1,500,000, and the local authority will publish the employer's name and the name of its responsible person (Article 65).
If you're not sure whether a requirement is acceptable, email support@pelift.app and we'll work through it with you.
References
- 就業服務法 第 5 條、第 40 條第 1 項第 2 款、第 65 條(最新修正:民國 114 年 1 月 20 日)
https://law.moj.gov.tw/LawClass/LawSingle.aspx?pcode=N0090001&flno=5
https://law.moj.gov.tw/LawClass/LawSingle.aspx?pcode=N0090001&flno=40
https://law.moj.gov.tw/LawClass/LawSingle.aspx?pcode=N0090001&flno=65 - 性別平等工作法 第 7 條(最新修正:民國 112 年 8 月 16 日)
https://law.moj.gov.tw/LawClass/LawSingle.aspx?pcode=N0030014&flno=7