[quote=“Charlie Jack”]Disclaimer Number 1: This post is for informational purposes only. I’m not a lawyer here, and nothing in this post should be understood as legal advice, or advice of any kind.
The following is from the Web site of the Council of Labor Affairs:
[quote]Prohibition of Employment Discrimination
To protect equal employment opportunities for citizens, Item 1, Article 5 of the Employment Services Act was amended and promulgated by the President on May 23, 2007. The amended article is as follows: “For the purpose of ensuring [color=#FF0000]national’s[/color] equal opportunity in employment, Employer is prohibited from discriminating against any Job Applicant or Employee on the basis of race, class, language, thought, religion, political party, place of origin, place of birth, gender, gender orientation, age, marital status, appearance, facial features, disability, or past membership in any labor union; matters stated clearly in other laws shall be followed in priority.”[/quote]
Disclaimer Number 2: As to Article 5 of the Employment Services Act, I am uncertain of the following:
color=#FF0000 whether this law applies to noncitizens;[/color]
(b) whether discrimination in pay is recognized as discrimination under this law;
(c) whether this law applies in your particular case, or in any given particular case;
(d) whether this law is widely enforced, and whether it would be enforced in your case;
(e) what risks are involved in mentioning this law to your employer or in attempting to have this law enforced.[/quote]
I didn’t check the Chinese, but I think you’ll find that the highlighted “National” in your quote would indeed refer to Taiwanese citizens only in the Chinese version.
Besides, the argument will be: If you willingly sign a contract without any coercion whatsoever to perform a job for X amount of money, regardless of how much other employees are paid, there was no discrimination. As the employer/business owner they are always going to get you to work for as little as possible, regardless of any other factors.
Case in point. I have a friend who started working at GVO for NT$550/hour. I believe that is 100 more than the usual starting wage there. They didn’t offer it to her. They offered her NT$400/hr. She was free to accept or refuse. So she bargained and used her experience etc as a bargaining tool. They came to an agreement that was acceptable to both of them, employer and employee.
Let’s say I go there and manage to convince them to pay me NT$600/hr (bloody unlikely if you know GVO, but bear with me), would she then be able to claim they are discriminating against her based on her gender?