萬國法律事務所

In the future, a Taiwan employer could be in violation of the Employment Services Act if the employer questions an employee or a jobseeker regarding his or her private information. Taiwan’s Social Welfare Committee of the Legislative Yuan on 6 June 2012 completed the first reading of the modifications of Article 5 of the Employment Services Act (ESA), according to which an employer must not request an employee or jobseeker to offer any private information that is not required for the position. A violation of this provision will subject the employer to a fine in the range of NT$ 60,000 to NT$ 300,000.

The relevant portion of Article 5 of ESA provides that an employer is prohibited from discrimination against any job applicant or employee on the basis of race, class, language, thought, religion, political party, place of birth, gender, gender orientation, age, marital status, appearance, facial features, disability, or past membership in any labor union. The modified provision adds that when recruiting or hiring staff, the employer may not force an applicant or an employee to disclose any private information that is not required for the employee’s position.

According to an investigation conducted by a civil job-seeking website, approximately 53% of all employees have been asked about their family backgrounds, which is the most frequently asked question. About 34% of these prospective employees have been asked about their marital status, and approximately 17.6% have been asked about their sexual orientation, and a 17.3% have been asked questions relating to their political leanings, and 15.4% have been asked questions about lingerie and or pregnancy tests.

The Committee Chairman of the Council of Labor Affairs stated that a question regarding marital status or pregnancy is private, and that questions solely regarding marital status will constitute evidence of discrimination against marriage.

After the modified provision is passed and becomes effective, a prospective employee who believes that an employer has violated his/her privacy can file a pleading to the local Bureau of Labor Affairs. However, the modification aims to combat discrimination, and considerations will be given with respect to differing security issues that exist in different careers. For instance, people seeking employment as taxi drivers and kindergarten teachers will be questioned regarding the existence of any criminal record.