Discriminatory job advertisement on forumosa

Most excellent idea , Taiwan teachers union and teacher buxibans rub hands gleefully.

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Good idea. Actually, I believe there’s nothing really stopping a cram school from hiring a local to teach if they want, currently

Only market forces. :2cents:

so what?

Added
My sincere question.

https://tw.forumosa.com/t/government-school-teaching-positions-in-taiwan/179992?u=tando

Qualifications:

  1. Native English Speakers from USA. Canada, UK, Australia, New Zealand, South Africa

I mean supply and demand.

I noticed that as well. I asked the labor ministry for an opinion on something that I want to clear up, waiting for a response.

I got this response:

您好:108年5月21日的電子郵件已收到。
按就業服務法第5條第1項規定:「為保障國民就業機會平等,雇主對求職人或所僱用員工,不得以種族、階級、語言、思想、宗教、黨派、籍貫、出生地、性別、性傾向、年齡、婚姻、容貌、五官、身心障礙、星座、血型或以往工會會員身分為由,予以歧視;其他法律有明文規定者,從其規定。」。
又「就業歧視」係指當雇主以求職人或所僱用員工「與執行該項特定工作無關之特質」決定受僱與否或其勞動條件,且雇主在該項特質上之要求有不公平且不合理之情事,可認定為雇主對求職人或所僱用員工之歧視。
所詢語文補習班聘僱教師限美國國籍,是否涉就業服務法第5條第1項規定,須依個案事實認定,建議敘明詳情洽請事業單位所在地勞工行政主管機關(直轄市、縣市政府勞工或社會局、處)協處,較為迅捷。

The question in my mind is that “nationality” is not listed as a protected characteristic in the law. If it was, this would be easy. The Labor people’s usual MO with these kind of questions seems to be “eh, um, maybe, uh, report the incident to the proper authorities”. They have followed this pattern here, and haven’t provided any clarity as to whether this is an illegal practice. As for the second paragraph, it seems to me there may be reasons which they would deem as being “related to the work” and not “unfair”. My conclusion here is that at least with regard to the law I don’t see a clear reason for us to prohibit this kind of wording. I welcome any opinions.

English teaching jobs are limited to those 6 or 7 countries may be preferable for people from those countries. Less competition for them.

Update

Taoyuan’s Department of education confirmed that nationality is not limited to the 6 countries, and sent a reminder to schools.

20190606_003949


@hannahjweav, it seems your company is providing teachers to Taoyuan schools, so asking.

As discussed in this thread, there is no legal requirement limiting teacher’s nationality to one of 6 countries (USA. Canada, UK, Australia, New Zealand, South Africa), and in general, discrimination by nationality in job ad is prohibited. Why your company is limiting applicant’s nationality?

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Thanks for asking me directly, I appreciate it. I just emailed the colleague who posted the ad to ask about this. It may have just been some outdated wording that didn’t get updated. I’ll make sure we get it resolved!

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That looks to be an Education Department policy, reflecting that the law allows people holding any suitable passport to teach in a school. The same is true in a cram school, but the Labor Ministry specifically declined to say that “discrimination by nationality in job ad is prohibited” for a cram school, and I don’t believe that it is prohibited.

not specifically in job ad, but “nationality” is a protected characteristic in a law.

Immigration Act
Article 62
Any person shall not discriminate against people residing in the Taiwan Area on the basis of nationality, race, color, class and place of birth.
Any person whose rights are trespassed due to the discrimination mentioned in the preceding Paragraph can file a complaint to he competent authorities on the basis of the situations of the trespass, unless the matter is regulated by other laws otherwise.
The competent authorities shall enact regulations that govern items, requirements for filing a complaint mentioned in the preceding Paragraph, complaint procedures and the composition of a review committee.

Iirc, you mentioned something like that job applicants from foreign countries are not residing in Taiwan, so it may be not applicable.

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Awesome! I had just added some language to our post boilerplate to ask people not to do this kind of thing, but I think I will make it firmer on this basis.

Iirc, you mentioned something like that job applicants are not residing in Taiwan, so it is not applied.

Not me, I think.

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at least applicants already residing in Taiwan should not be discriminated on the basis of nationality.

Unless an ad specifically recruited people not residing in Taiwan, I don’t think it would be relevant. :2cents: