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«Employment Service Act» Amendment Ministry of Labor, Workforce Development Agency 3-1 Equal Rights, Decision Making and Influence 3-2 Employment, Economic, and Welfare 3-3 Demography, Marriage and Family 3-4 Gender on Education, Culture and Media 3-5 Physical Security and Justice 3-6 Health and Healthcare 3-7 Environment, Energy and ICT 3-8 others
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Problem Definition 4-1-1 Problem Description
Protect workers and employers interests by improving the employment service management business and the hiring of foreigners.
4-1-2 Analysis of current status and problems
1. Consider that the job seeker or the employee's power status is not equal to the employer. Therefore, the employer prohibited from retaining the job seeker or employee identification document, work certificate or other supporting documents to implement the protection of rights and interests. 2. Personal employment service agencies and their practitioners use false, altered or improper use of identity documents, work vouchers or other supporting documents. 3. The private employment service agency overcharges fees or other improper benefits beyond the prescribed standards. 4. To help women who leave the workplace due to maternity and family care, to return to the workplace, review and amend existing regulations.
Regulatory Requirements 4-2-1 Solution to the problem
In order to protect the foreign workers' rights and interests, cooperate the policy of recruiting talents, increase the women's labor participation rate, especially for reemployed women and implemented the value of guaranteeing women's employment, therefore, we should amend the relevant provisions of this Act.
4-2-2 Necessity for amendment
In line with our social conditions, the offcial's talent policy, supervisors and legislators' suggestions, this amendment is necessary. In order to assist women who are re-employment to return the workplace, it is necessary to eliminate employment barriers and recommend the relevant agencies increase the assistance of the child and elderly care resources.
4-3 Supporting measures and related agencies
Policy Goals 5. Policy goals
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Protect employees rights and interests: it forbid employers or private employment service agencies to retain the identity documents of job seekers, employees and foreigners to implement the protection of rights and interests. Implement effective management: it is clear that private employment service agencies and their employees are not allowed to do certain things when they are engaged in employment services, and increase the regulations on strengthening the management of foreign human resources management institutions. Simplify the application procedure: in order to cooperate with the national recruitment talent policy, attract investment immigrants and simplify the relevant residence application procedures. Promote employment of target persons: providing employment subsidies and other related measures to assist women to be reemployed and return to the workplace to increase women's labor participation rate.
Consultation Procedures 6-1 Groups affected by the This Act mainly affects foreign workers and the legislation reemployed women. 6-2 External consultation On March 26, 2013, invited the relevant ministry, counties, scholars and experts, labor groups, employers' groups, non-governmental organizations, and mediation associations to hold a meeting on drafting amendments and the scholar participants were half male and female. 6-3 Consultation with March 26, 2013, April 8, 2014, January 14, 2015, relevant authorities and invited relevant ministries,counties, academic local self-governing experts, labor groups, employers' groups, NGOs, and bodies agencies to discuss the amendments draft of the Act.
Benefit and Impact on Human Rights 7-2 Benefit
1. It expects that will increase of 2,000 re-employed women per year seek job. 2. It is estimated that the annual implementation of the enforcement cost is about NT$1.5 million. 7-3-1 Constitutional The Act is in conformity with the provisions of Articles 7 and 15 of the Provisions on People's Constitution regarding gender, racial equality and the right to work. Rights 7-3-2 International This Act is in compliance with Articles 2, 3, 26, 26 and 27 of the International Covenant on Civil and Covenant on Civil and Political Rights concerning the equal rights of men Political Rights and women and the protection of foreign migrant rights. 7-3-3 International Covenant on Economic, Social and Cultural Rights
This Act adds “re-employment women" as the target of promoting employment, helping to increase the labor participation rate of middle-aged and older women, improving their economic status, and complying with Article 6 of the International Covenant on Economic, Social and Cultural Rights.
Gender Statistics Analysis 1. In 2013, the female labor participation rate reached 90.3% of the aged 25-29. Later, due to marriage, maternity and family care, it decreased with age. The labor participation rate of women over 45 years old was lower than 65% and continued shrinking with age. It dropped to 19.9% of 60-64 years old. Compared with Japan, South Korea, the United States and other countries, there is still room for improvement in the labor participation rate of middle-aged and reemployed women. 2. On April 30, 2014, we had 502,966 foreign workers. According to gender, there are 209,191 men and 293,775 women, and the ratio of women is about 58%. 3. This Act affects women of different ages and ethnic groups.
Gender Policy Analysis 1.1.The legislation and policies related to gender: 1)Article 11 of CEDAW stipulates which guarantees women's work rights and eliminates discrimination against on women because of marriage or childbirth. 2)The guideline of Gender Equality Policy “Employment, Economic, and Welfare� aims to implement a dignified, equal labor value and a friendly employment environment. 2.Women often leave the workplace due to family care factors. This amendment will legalize the re-employed women's provisions for the promotion of employment, which will help to promote the reemployed women's labor force participation rights and promote substantive equality.
12 Years of Evaluation !All civil servants link their main work with gender and proactively discover gender related issues. !All major projects and legislation now includes gender aspect to meet the needs of all genders.
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