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Regulations for Establishing Measures of Prevention, Correction, Complaint and Punishment of Sexual Harassment at Workplace

May 11,2023
SUN YANG GLOBAL CO.,LTD
「WORK PLACE 」Sexual Harassment Prevention Act
  1. In order to provide staff (include employee, temp labors, technician, intern) and candidate a working condition without sexual harassment, SUN YANG GLOBAL CO.,LTD (SY) would take appropriate prevent, correction, discipline action to defend clients privacy and right. According to Sexual Harassment Prevention Act.13-1 and Guidelines on Complaints and Punishment Measures for Prevention and Control of Sexual Harassment in the Workplace announced by Ministry of Labor.
  2. The Regulation is state as Sexual Harassment which is defined Code 12- Gender Equality For labors. Previous staff preformed duties, anyone who proposed based on sexual demand or sexism to threat or offend working condition by insulting personal dignity and freedom to affect their working condition. Or The supervisor's explicit or implicit sexual requirements, sexual connotations or gender-discriminatory words or behaviors towards former employees and job applicants shall be regarded as the establishment, continuation, modification or distribution, allocation, remuneration, performance appraisal, promotion, demotion, rewards and punishments of a labor contract. terms of exchange.
Sexual Harassment includes following:
  1. Insult by gender discrepancy, disparaging or discriminatory attitudes and behaviors.
  2. Inappropriate, unpleased offence language, body, touching or sexual requirements.
  3. Require for sexual behaviors or related to sex by punishment or threaten.
  4. Force to sexual relation or accusation.
  5. Words and photo with sexual meaning and temptation.
 
  1. SY should protect employee from sexual harassment in working place, protecting from threaten. Establishing a friendly working environment, elevate everyone about gender-concept. When similar happening, we should review and improve immediately. Once the defendant is not managed by hirer. Employer should provide risky sexual harassment identifying, necessary protection and inform previously.
  2. SY sets up a sexual harassment venue and makes public related information in working place.
Please list receipt the appeal internal mail, phone, fax, tel)
Tel: (04)24071588#17
Fax:(04)24070079
Mail: sandy@sunyangtpu.com
When the suspect was hirer, employe or job seeker could make a appeal accordance with regulation or complaint file to local authorities.
 
  1. The regulation would deliver the message by assemblies, broadcasts and printing. Redoubling disseminating related protection and claim venue; implement education and training on preventing sexual harassment in the workplace. During training and workplace, reasonable and related prevent information should be posted in public in working place.
  2. Company learned while there is sexual harassment or sexual assault should take effective corrective and remedies. Here some notification:
  1. Protect privacy and right of the victim
  2. Improve or maintain safety of working place
  3. Punishment to actor
  4. Other prevention and improvement measures
 
  1. SY set up committee for appealing in working place. It is organized by employee and employer. They in charge of sexual harassment cases in working place. In the committee, female members should not less than half. If temp workers encounter sexual harassment while working, the company will accept complaint and investigate along with temp working’s company unit. The result would be notified to temp working company unit and related parties.
 
  1. Sexual harassment should be brough up by black and white. The sexual harassment should be recorded when the sexual harassment is verbal. The recorded need be signed and stamp after confirmation.
  1. Name, company unit, position, address, Tel and date of complainant
  2. With representer, which include their letter of appointment. State their name, address and tel.
  3. Complaint content and fact
     If complaint and verbal do not conform to present paragraph, it could
     be correction. Also, the complaint should be notified to correction
 within fourteen days. If corrections could not be finished in fourteen
day. The appeal would not be accepted.
 
  1. Before the sexual harassment committee makes decisions, the compliments or representer could withdraw writing complaint. After being withdrawing, the appeal would not be accepted.
  2. Investigation of sexual harassment should be followed below
     principle:
  1. Investigation should be private. The right and privacy of parties should be protected.
  2. Investigation sexual harassment should be objectivity, impartiality and professional. Provide the party opportunities total statement and respond.  
  3. There is no necessary repeated questioning when the victim’s statement is clear.
  4. During investigation of sexual harassment, the parties and related should be notified to present explanation at the court. Also, people with relevant knowledge and experience could be invited to assist.
  5. While parties or witness of sexual harassment incident is imbalance of power, the confrontation should be avoided.
  6. The necessity of the investigation, within the scope of not violating the obligation of confidentiality, additional written information will be prepared and handed over to the parties for review.
  7. All personnel who handle sexual harassment incidents shall keep the names or other identifying information of the parties confidential. Unless necessary of investigation or based on public safety considerations.
  8. There shall be no inappropriate treatment for people who complain, report, file suits, testify, provide assistance or otherwise participate in sexual harassment, investigations or hearing procedures.
 
  1. Personnel information of people who investigate and resolution should be confidential the content of complaint incident. For those people who violate the rules, the Chairman of the sexual harassment committee shall terminate their participation. The company may punish and pursue relevant responsibilities in accordance with relevant regulations and terminate their selection and employment depending on the circumstances.
  2. The investigation results should be presented in a resolution with
      accompanying reasons and recommendations for disciplinary action or other measures may be included. The Appeals Processing Committee should have more than half of its members present to hold a meeting, and a resolution can only be made with the agreement of more than half of the attending committee members. In the event of a tie, the decision may be determined by the Chairperson. The resolution of the Appeals Processing Committee should be notified in writing to the complainant, the respondent, and the company, and should indicate that objections to the resolution can be submitted to the Appeals Processing Committee within twenty days from the day following the delivery of the resolution. However, if the occurrence or knowledge of the matter happens after the delivery, the deadline for submission of objections starts from the date of awareness. An appeal should be accompanied by a written statement explaining the reasons. The Appeals Processing Committee will convene a separate meeting to make a decision on how to handle the appeal. Once the case is closed, no further appeals can be made on the same grounds.
 
  1. The complainant may file an appeal against the decision of the workplace sexual harassment complaint committee in any of the following circumstances:
  1. When the decision of the complaint resolution is contradictory to the reasons stated in it.
  2. The organization of the appeals handling committee is illegal
  3. Article 15 of the Guidelines for the Prevention and Control of Sexual Harassment stipulates the committee members who should avoid participating in the decision-making process.
  4. Committee members who participate in the decision-making process regarding the complaint case and are found guilty of violating their duties and committing a criminal offense, as determined by a final judgment of guilt.
  5. The witness and the appraiser are witnesses and appraisers who provide evidence and identify false statements as the basis for resolution.
  6. To determine whether the fundamental evidence is forged or tampered with.
  7. To determine whether the judgments or administrative sanctions based on the foundation of civil, criminal, or administrative litigation have been altered according to subsequent definitive rulings or administrative sanctions.
  8. The evidence has not been carefully considered or the ability to use
  9. The failure to consider important evidence that could have an impact on the resolution in the original decision.
 
  1. If the investigation confirms an incident of sexual harassment, the company may, depending on the severity of the situation, take actions such as reassignment, demotion, salary reduction, disciplinary measures, or other appropriate measures against the accused party in accordance with relevant regulations and company policies. If there is a criminal liability involved, the company should assist the complainant in filing a complaint. If it is proven that the accusation of sexual harassment is false, the company may, depending on the severity of the situation, impose appropriate disciplinary measures or take necessary actions against the complainant in accordance with relevant regulations and company policies.
 
  1. The company shall adopt measures to track, evaluate and supervise the decisions of the workplace sexual harassment Complaint cmmittee to ensure effective implementation of disciplinary or remedial actions and to prevent recurrence of similar incidents or retaliation.
 
  1. The company may proactively refer or provide professional counseling, medical institutions, or legal assistance to individuals who need counseling, medical or legal assistance
 
  1. The company will not terminate, transfer or impose any other adverse action against employees for filing complaints or others.
 
  1. If the perpetrator of sexual harassment is not an employee of our company, our company shall provide the necessary protection in accordance with this policy
  2. If this regulation is incomplete, it shall be handled in accordance with the Gender Equality in Employment Act. If there is a contradiction with the Gender Equality in Employment Act, it shall be invalid.
  3. This regulation shall be implemented by the Chairman after its announcement and shall also apply and revised.
  4. This policy was formulated on August 11th, 2015.
    The first revision of this policy was made on May 11th, 2023.



 
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