Extent of Protection
The Gender Equality in Employment Act stipulates that employers must not discriminate against the payment of wages to employees based on gender or sexual orientation. Employers are prohibited from circumventing the aforementioned provision by reducing the wages of other employees. Furthermore, aside from the requirement of equal pay for work of equal value, employers are also required to conduct educational training and ensure that various welfare measures are free from discriminatory treatment.
Remedies
Apart from administrative penalties, currently a few laws, such as the Gender Equality in Employment Act and the Middle-aged and Elderly Employment Promotion Act, explicitly stipulate that when an individual violates anti-discrimination provisions, the discriminated party may seek civil damages from the employer.
Enforcement/Litigation
In practice, most cases involving the principle of equal pay for equal work are hindered by the difficulty employees face in proving that the employer has violated this principle. This is because employers often claim that higher wages are paid to other employees in the same position based on considerations such as education, work experience, job skills, and performance. Additionally, the lack of transparency in employee compensation is another challenge.
Other Requierments
Pursuant to Article 5 of the Employment Service Act, employer shall publicly display or inform the range of regular pay less than NT＄40,000 when recruiting or employing employee(s).
