性擾防治法

1. Adequate preventive, corrective, disciplinary, and response measures are adopted to provide all our personnel, job applicants, or customers with a sexual harassment-free work and service environment. With a view to safeguarding the rights, interests, and privacy of all involved parties, we have stipulated these regulations pursuant to Article 13, Paragraph 1 of the Act of Gender Equality in Employment, the Regulations for Establishing Measures of Prevention, Correction, Complaint and Punishment of Sexual Harassment at Workplace promulgated by the Ministry of Labor, and Article 7, Paragraph 1 and 2 of the Sexual Harassment Prevention Act.

2. These Regulations shall be applicable to all Panda staff members, job applicants, or customers subject to sexual harassment as defined in the aforementioned Act of Gender Equality in Employment or Sexual Harassment Prevention Act. However, they shall not be applicable to circumstances covered by the Gender Education Equality Act.

3. The term “Sexual Harassment” as used herein shall refer to any of the following conditions involved parties are subject to:

(A) Applicability of the Act of Gender Equality in Employment:

4. This Company shall prevent any forms of sexual harassment and eliminate any form of hostility resulting from unwelcome behavior of a sexual nature or gender discrimination present in work or service environments to protect its staff members, job applicants, and customers against any threats of sexual harassment. Immediate reviews shall be conducted and corrective and preventive measures shall be adopted in a prompt manner in case of confirmed or suspected instances of sexual harassment. Where staff members perform duties at work locations beyond the control of the employer, the latter shall identify sexual harassment risk categories present in these work environments, adopt preventive measures as required, and provide detailed advance notification.

5. This Company shall administer training on prevention of sexual harassment at the workplace and plan sexual harassment and gender equality-related courses on a regular basis. Relevant information and training plans shall be publicly announced in the following conspicuous location: www.pandalog.com.

6. Sexual harassment grievance channels of this Company/organization/agency：

Grievance phone hotline：( 02 ) 2772-0999 Ext. 1050
Grievance fax hotline：( 02 ) 2776-1472
Dedicated grievance mailbox or grievance e-mail address：addie.wang@pandalog.com

7. When this Company becomes aware of any form of sexual harassment, it shall immediately adopt effective corrective and remedial measures irrespective of whether a grievance has been filed or not. Top emphasis shall be placed on the following matters：

(A) Safeguarding of the rights and privacy of the victim 

(B) Maintenance or improvement of the safety of his/her workplace 

(C) Adoption of other preventive and corrective measures

8. Sexual harassment grievances may be filed orally or in writing. For orally filed grievances, the personnel or unit in charge of processing these grievances shall create a record. After informing the grievant of the contents or letting him/her read said record and ascertain its accuracy, the grievant shall affix his/her signature or his/her seal thereto

The following items shall be specified on the grievance form:

(A) Name, gender, age, personal ID or passport number, service, work, or academic unit, job title, address or residence, and contact phone number of the grievant 

(B) If he/she has a legal representative, his/her name, gender, age, personal ID or passport number, job title, address or residence, and contact phone number shall be listed. 

(C) If he/she appoints a representative, a power of attorney shall be submitted and the name, gender, age, personal ID or passport number, job title, address or residence, and contact phone number of the representative shall be specified. 

(D) Facts, relevant contents, and available evidence of the grievant. 

(E) Date of the grievance

Where grievances are filed for incidents that conform to the criteria set out in the Sexual Harassment Prevention Act and the grievance form or oral record does not conform to the aforementioned regulations, the grievant shall be notified to make additions and corrections within 14 days provided that such corrections are possible.

The obligations of this Company to prevent sexual harassment at the workplace and take corrective and remedial measures as stipulated in the Act of Gender Equality in Employment shall not be affected by the rejection of grievances.

9. Where a grievance is filed for an incident that conforms to the criteria set out in the Sexual Harassment Prevention Act and the grievance form or oral record is not corrected within the time limit prescribed in Paragraph 3 of the preceding article, the grievance shall be rejected.

Where sexual harassment cases are not accepted as specified in the preceding paragraph, the directly involved parties shall be notified in writing within 20 days after receipt of the grievance or transfer of the case. The Department of Social Welfare, Taipei City Government shall also be informed.

Where investigations (including appeals) of a sexual harassment incident have been completed pursuant to applicable provisions set forth in the Act of Gender Equality in Employment or the Sexual Harassment Prevention Act, the directly involved parties shall be formally notified of the investigation results and no further grievances shall be filed for the same incident.

10. Where this Company is not the workplace of the perpetrator, it shall still adopt adequate emergency measures upon receipt of a sexual harassment grievance as specified in Article 3, Subparagraph (B) herein. The grievance form and relevant information shall be turned over to the Department of Social Welfare, Taipei City Government within 7 days.

11. This Company shall set up a Sexual Harassment Grievance Committee which is composed of labor and management representatives and is responsible for the processing of grievances. This Committee shall appoint a chairperson who shall concurrently serve as meeting chair. Where the chair is unable to host a meeting for proper reason, he/she shall designate another member to serve as acting chair. The Committee shall be made up of three to five members. Female representatives shall account for at least 50% of the committee membership and either gender shall not comprise less than one-third of the membership. Scholars and experts may be enlisted to serve as committee members based on actual needs.

12. Where dispatched workers to whom the provisions set forth in the Act of Gender Equality in Employment apply are subject to sexual harassment in the performance of their duties, this Company shall accept filed grievances and conduct joint investigations with the dispatching business unit. The dispatching business unit shall notify the dispatching unit and directly involved parties of the investigation results.

13. Before the Sexual Harassment Grievance Committee adopts a resolution, the grievant or his/her authorized representative may withdraw the grievance in writing. No further grievances shall be filed for the same incident after a grievance has been withdrawn.

The provisions governing grievances for incidents specified in the Sexual Harassment Prevention Act set forth in the preceding paragraph shall not apply where a grievance is withdrawn after successful mediation by the competent authority.

14. Sexual Harassment Grievance Committee meetings require a quorum of at least 50% of its members. Resolutions shall be subject to approval by at least 50% of the attending committee members.

15. Individuals who participate in the handling, investigation, and decision-making process for sexual harassment incidents shall maintain strict confidentiality of grievance contents and relevant details they are privy to. Where these confidentiality obligations are violated, the committee chairperson shall terminate their participation. This Company/organization/agency may, at its discretion, impose disciplinary measures, hold the offender legally accountable, and relieve him/her from his/her duties depending on the severity of the offense.

16. Individuals involved in the handling, investigation, and decision-making process for sexual harassment incidents shall recuse themselves if one of the following conditions exists:

(A) Where the individual himself/herself or his/her spouse, former spouse, or a relative by blood within the fourth degree or a current/former relative by marriage within the third degree is a directly involved party

(B) Where the individual, or his/her spouse or former spouse is a co-obligee or co-obligor with a directly involved party with regard to the incident

(C) Where the individual is the current/former representative or assistant of a directly involved party in the incident

(D) Where the individual is a witness or expert witness to the incident

Where one of the following conditions applies to individuals involved in the handling, investigation, and decision-making process for sexual harassment incidents, directly involved parties may apply for their recusal:

(A) Where one of the conditions set out in the preceding paragraph exists and the individual doesn’t voluntarily recuse himself/herself

(B) Where concrete evidence indicates that the individual doesn’t conduct investigations impartially

Where applications are submitted pursuant to the preceding paragraph, reasons and facts shall be stated and adequate explanations shall be provided to the Sexual Harassment Grievance Committee. Investigators for whom such applications for recusal are submitted may state their opinions.

Investigators for whom such applications for recusal are submitted shall suspend their investigations prior to final approval/rejection of the application by the Sexual Harassment Grievance Committee. Measures shall be taken as deemed necessary in urgent cases.

Where one of the conditions set out in the first paragraph applies to individuals involved in the handling, investigation, and decision-making process and directly involved parties do not apply for their recusal, the Sexual Harassment Grievance Committee shall order their recusal.

17. The Sexual Harassment Grievance Committee of this Company shall carry out investigations of such incidents based on the following principles:

(A) Sexual harassment incident investigations shall be conducted in secret to safeguard the right of privacy and other legal rights concerning personality of the parties involved.

(B) Sexual harassment incident investigations shall be conducted in an objective, unbiased, impartial, and professional manner. Directly involved parties shall be given ample opportunity to state their opinions and defend themselves.

(C) Where the victim's statements are clear, repeated questioning shall be avoided if deemed unnecessary.

(D) During the investigation process, directly involved and other related parties shall be notified to provide explanations in front of the committee. It may also invite other persons with related expertise and experience to provide assistance.

(E) During the handling of such incidents, confrontation between directly involved parties or witnesses shall be avoided.

(F) Investigators may create written information and hand it over to directly involved parties for perusal or inform them of the main points if deemed necessary for the investigation process provided that confidentiality obligations are observed.

(G) All individuals involved in the handling of sexual harassment incidents shall keep information including the names of directly involved parties or other information revealing the identity of such parties strictly confidential unless disclosure is necessary for the investigation process or for public safety considerations.

(H) During the investigation of sexual harassment incidents, directly involved parties may be referred to or provided with psychological counseling and medical or legal assistance in consideration of their mental or physical condition.

(I) Individuals who provide assistance or participate in the grievance, complaint, reporting, litigation, or witness procedures during the sexual harassment grievance, investigation, or trial process shall avoid improper bias or discrimination.

18. The Sexual Harassment Grievance Committee shall initiate investigations within 7 days and close cases within 2 months upon filing of grievances or receipt of transferred cases. A one-month extension may be made if deemed necessary provided that the directly involved parties are notified thereof.

19. The results of the grievance committee investigations shall be made into a resolution with attached grounds and a recommendation for disciplinary action or other measures deemed appropriate. All directly involved parties and this Company shall be notified in writing of said resolution (where sexual harassment incidents conform to the criteria set out in Article 3, Subparagraph (B) herein, said resolution shall also be forwarded to the Department of Social Welfare, Taipei City Government). Dissenting opinions with regard to said resolution shall be clearly specified. Remedial measures shall be proposed pursuant to the following laws.

(A) Grievance mechanism laid out in the Act of Gender Equality in Employment:

• Directly involved parties may file an appeal with the original grievance committee within 20 days after the day following receipt of said resolution. This time limit shall be calculated from the time when the grounds for the appeal became known if such grounds occurred or became known at a later date.
• When filing an appeal, written grounds must be attached. The grievance committee shall handle such appeals by adopting a resolution in a separately convened meeting. Upon case closure, no further grievance may be filed for the same grounds.

(B) Appeal mechanism laid out in the Sexual Harassment Prevention Act: Another grievance may be filed with the Department of Social Welfare, Taipei City Government, within 30 days after the day following receipt of the resolution based on the investigation results.

20. Where sexual harassment conduct is verified upon investigation, this Company may, at its discretion, transfer the perpetrator in its employment to another post or adopt other appropriate measures including demotion, pay cuts, or disciplinary action pursuant to applicable provisions set forth in the work rules according to the severity of the offense. Where criminal liability is involved, this Company shall assist the grievant in filing a complaint or report. Where it is verified that the alleged sexual harassment conduct is a false accusation, this Company may, at its discretion, take disciplinary action or adopt other appropriate measures pursuant to applicable provisions set forth in the work rules according to the severity of the offense.

21. With respect to the sexual harassment incident resolution and handling process, this Company shall implement tracking, assessment, and supervision to ensure effective execution of disciplinary action or other measures and thereby prevent the occurrence of similar incidents or retaliation.

22. This Company shall strictly refrain from dismissing, transferring, or taking other unfavorable measures against employees who file grievances or assist others in the filing process as stipulated herein.

23. These regulations and all amendments hereto shall be put into effect upon approval by the chairperson and promulgation.