Sexual Harassment Prevention, Complaints and Disciplinary Policy

We are committed to a workplace and recruitment process free of sexual harassment. This policy follows Article 13 of the Gender Equality in Employment Act, the Regulations for Establishing Measures on Prevention of Sexual Harassment in the Workplace, and the Sexual Harassment Prevention Act.

We currently employ fewer than 10 people. Under Article 13, paragraph 1 of the Gender Equality in Employment Act, an employer with fewer than 10 employees is not legally required to set up a complaint channel or a complaint-handling unit. Paragraphs 2 to 4 of the same article apply to every employer, however: once we learn of harassment we must take prompt and effective corrective and remedial action, investigations must be objective, fair and professional, and we must notify the local authority when we receive a complaint. We follow these rules, and have set up the complaint channels and procedure below ourselves.

1. Who this policy covers

• Our employees.
• Job seekers who apply, interview or are introduced through us.
• Staff of clients and partners, in their dealings with our team.

Which law applies, and where a complaint should go, depends on where the incident happened and the relationship between the people involved. Workplace incidents are handled under the Gender Equality in Employment Act and this policy; other incidents fall under the Sexual Harassment Prevention Act, and we will help you take them to the right body.

2. What counts as sexual harassment

Unwelcome conduct of a sexual or gender-related nature that offends, intimidates, or affects a person's work or job search. It also includes making hiring, pay or promotion depend on accepting or rejecting such conduct. When the person responsible holds a supervisory position over the other, it is treated as harassment involving abuse of authority.

Examples include:

• Inappropriate staring, touching, hugging, kissing or sniffing.
• Sending, posting or showing sexual or sexist text, images, audio or video.
• Persistent unwanted following or pursuit.
• Sexual jokes, comments on someone's body, or prying into their private life.
• Suggesting a date or physical contact in return for a referral or job offer.

3. Prevention

• We brief employees regularly on this policy and provide training.
• Interviews with candidates take place at our office, in a public place or by video, never in a private home or hotel room.
• This policy is posted in our office and on this website.

4. How to file a complaint

You may complain verbally, by email or in writing. Verbal and email complaints will be recorded and read back to you for confirmation and signature. Please include your contact details, when and where it happened, what happened, and any evidence or witnesses.

If the complaint concerns our company's highest-ranking officer or the employer itself, you may file it directly with the Hsinchu City Government instead.

5. How we handle complaints

1. We notify the Hsinchu City Government once a complaint is received, as the law requires.
2. Taking your wishes into account, we take steps such as separating the parties to prevent further incidents. Your pay and working conditions will not be adversely changed. We can also provide or refer you to counseling, medical or support services.
3. How we handle it: we employ fewer than 10 people, so under Article 13, paragraph 1 of the Gender Equality in Employment Act we are not legally required to form a complaint-handling unit. The contact person above handles the complaint under paragraphs 2 and 3 of the same article, taking prompt and effective corrective and remedial action. Once we employ 10 or more people we will set up and post a complaint channel under paragraph 1; at 30 or more we will also adopt prevention measures and complaint and disciplinary rules, and form a complaint-handling unit under Article 12 of the Regulations.
4. The investigation is confidential, fair and impartial. Both sides are given a full opportunity to be heard, and repeated questioning is avoided. Anyone with a conflict of interest must step aside.
5. We issue a reasoned decision, which we send in writing to both parties.
6. Cases are closed within two months of the day after receipt, extendable once by one month with notice to the parties.
7. Where a complaint is substantiated, we report the outcome to the Hsinchu City Government and follow up to prevent recurrence or retaliation.

6. Disciplinary action

Depending on severity, substantiated cases may result in one or more of the following: a verbal or written warning; other appropriate action depending on the circumstances; reassignment to avoid contact with the complainant; mandatory gender equality training; or, where harassment is confirmed and serious, we may terminate employment without notice within 30 days of learning the findings, as permitted by Article 13-1 of the Gender Equality in Employment Act.

If the person responsible is not our employee, such as a client's staff member, we will notify their organization and may suspend related cooperation or referrals. Complaints found to be deliberately fabricated may also lead to action against the complainant. A complaint that is not upheld, or lacks sufficient evidence, is not treated as fabricated.

7. Confidentiality and no retaliation

Everyone involved must keep the identities of the parties confidential, except where disclosure is necessary for the investigation, for public safety, or required by law. In line with the law and our own policy, we will not dismiss, transfer or otherwise disadvantage any employee or job seeker for making a complaint, supporting a complaint or acting as a witness.

8. If you disagree with the outcome

You may file a complaint with the Hsinchu City Government. Time limits apply:

• Two years from becoming aware of the incident, and no more than five years after it ended.
• Where abuse of authority is involved, three years and seven years respectively.
• If you were a minor at the time, within three years of reaching adulthood.
• If the complaint concerns the highest-ranking officer or the employer, within one year of leaving the job, but no more than ten years after the conduct ended.
• Where more than one limit applies, the longer one prevails.

For incidents outside a work setting, complaints are made under Article 14 of the Sexual Harassment Prevention Act to the perpetrator's organization, the local government, or the police where the incident occurred, depending on who the perpetrator is.