Executive Yuan issues draft of Anti-Discrimination Act

Should be of interest to many on this forum. Public comments until July 1. There will be public hearings across Taiwan in the last week of May including one in Taipei on May 29th. Registration required. Public hearing will be streamed live.

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Interesting but there is no point writing laws if you don’t enforce them :man_shrugging:

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That’s what people said when the Labor Standards Act was passed 40 years ago.

Weren’t they right?

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Not really , the CLA has helped many people , those I’ve personally known.

Sure thing but if people can confidently and frequently break the law without fear of repercussions then in my view the law is a failure.

Employers still write contracts with illegal clauses without a care in the world. Employers still under-declare income to reduce their NHI and Laoboa liabilities.

There are already anti-discrimination laws and every complaint is answered with ‘that’s not discrimination’.

Changing our ID numbers to be ‘the same’ as citizens with 0 improvements

Call me a pessimist but I’m sure it will be just another bandaid fix that sounds good but won’t bring about much real change

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I understand your displeasure with enforcement (or lack of enforcement) issues. I often complain about this too!

I will say however that this potential law—who knows what it would eventually look like, as the DPP does not control the legislature—could potentially be another lever, another tool, for us to access and use when needed. But yes, we’ll see how things does . . .

Guy

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Interesting to see the comments below the announcement. Seems that many people disagree with the law simply on the grounds that “the government is increasing it’s power again”. I wonder if they feel a similar way about the mandatory NHI and government-subsidized gasoline we all enjoy…

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Probably only while they’re living abroad :grinning:

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Perhaps they are enthusiasts of discimination.

Guy

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Has anyone read it and found anything that affects foreigners?

Labor standard act is stronger than US’s FLSA but American work environment is actually better in my opinion than Taiwan simply for the fact that in the US FLSA is enforced so much that employers don’t even think about breaking them. In Taiwan they’re not enforced, and that you have to go through all sorts of red tape just to get what you’re due means the law isn’t working. How often do you actually get overtime in Taiwan?

I’d like to see age discrimination addressed, and this is a big issue because old people is going to become more and more numerous as time goes by. But I also don’t know how well enforced those discrimination laws will be. It will be like traffic laws where enforcing them is impossible.

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What on earth makes enforcing traffic laws impossible? They’re probably the easist laws to enforce.

Agreed. I would also go as far as that the red tape is deliberate to encourage people not to protect their rights. Guess I’m pessimistic and cynical :sweat_smile:

Huge barriers to report traffic infractions, illegal parking, and exceptions for “minor” traffic infraction (which are extremely dangerous) making it hard to enforce.

Worker’s rights and traffic seems to be things that the Taiwan government has no will to deal with at all.

All of which can be changed. Not impossible to be enforce.

Yes but that doesn’t mean it’s impossible.

There is a big difference between ‘can’t’ and ‘don’t want to’.
Americanised people often have difficulty with this distinction.

Not impossible, just extremely unlikely.

The very fact that now if you sign a contract that is illegal under labor law means that it is not binding. In my view it’s more a case of people not reporting infringements to the CLA than it not being enforced. Things are way better than they were before.

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In Taiwan, the boss (laoban) is seen as superior, and employees are expected to obey whatever he says. Then there’s the community norm where issues shouldn’t be addressed formally — one shouldn’t bring conflict into the community. Conflict avoidance is key; don’t make waves. Mental health issues and domestic violence are often topics that no one talks about. This strong adherence to traditional culture often clashes with many modern laws in Taiwan. That’s the main reason why laws are not effectively enforced. But when it comes to foreigners, none of these traditional ways seem to apply, obviously :rofl:

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We all get it. And don’t disagree with your displeasure. But the fact of the matter is that if there is no official regulation/law, you have no means to move forward (legally). Regulation is the root, before enforcement can happen (legally). And enforcement, by the way, isn’t just up to police. It’s up to society to enforce as well, we just tend to be too complacent/lazy/ignorant to put in effort ourselves to help out society and community. Regardless of how proactive or how lazy a society is, fact remains: If there is no regulation/law to follow, there is no way to enforce without being a criminal. Basic logic. That isn’t me saying I am justifying all laws and regulations as being ethical and just. There are many that are not. Society needs to fight back that way as well.

So, let’s get on it!

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There are already a ton of laws on the books but employees are afraid to say anything. You can certainly complain to the CLA and your employer may get a small fine and you may get a few bucks but enjoy hunting for your new job.
The government needs to legislate and strictly enforce major penalties against employers so that they don’t openly flout the law