Is it legal to discriminate based on nationality or ethnicity?

is it legal to set the nationality requirement in Taiwan?

On 104.com.tw employers have to tick a box if they will accept aboriginal workers

Given what they are looking for it’s probably illegal not to set those nationality requirements.

The government requirements for that kind of positions are a passport from a country where English is an official language and teacher’s licence valid in the country. Many eligible foreigners from other counries than the listed 7 are eliminated based on their nationality.

Isnt it a part of affirmative action? Employers that wont accept aboriginal workers can put their ads?

So if a foreigner naturalizes, and gives up his former citizenship, he becomes ineligible for such positions…?

I think the naturalized teacher cannot teach math and science in English as a foreign teacher. S/he should convert the foreign licence to a local license to teach those subjects, or may be eligible to be a substitute teacher by the licence.

What if the foreigner is a dual citizen?

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What do you mean? On 104 you can choose if you will accept aboriginals for the position.

Considering that it’s the main place for job ads in Taiwan, says a lot about Taiwanese views on discrimination in hiring practices

That wouldn’t make him a foreigner anymore… :grin:

Isnt it an option to give some priority to aboriginal applicants? Do you mean if you dont choose it, it means you wont accept an aboriginal worker for the position?

There is a section for job opportunities mostly for aboriginals. I’ve thought they can also apply for other jobs just as taiwanese.

the foreigner should choose one passport to enter taiwan.

Added: the requirement in the original post is just holding a passport from one of certain countries. The passport doesn’t need to be used for entry?

Nope。The section is 接受身份 and they can choose options such as full time workers, part time workers , foreigners and aboriginal

I think that is a requirement. If you choose aboriginals, non aboriginal taiwanese cannot apply. If it is not chosen, any taiwanese including aboriginals can apply. I think aboriginals have an option not to use their aboriginal status. Is this wrong?

I think you are almost 100% wrong

Screenshot_20180528-221535_1

Though requirement is not correct in that case, I still think the “原住民” means applicants with an aboriginal status can get some priority due to the special employment act for them. If “原住民” is not chosen there, they just cannot use their aboriginal status as an advantage, but can still apply with other status such as office workers, new graduates etc, unlike foreigners who have no other option.

I think big companies are required to employ certain number of aboriginals and government gives some incentives for hiring them.

Does anyone know? @yyy, or @hsinhai78?

36 posts were split to a new topic: Why so much repression… of workers’ rights?

It looks like they’re just making it clear they welcome people in those groups. If they don’t check it, that doesn’t mean they necessarily reject such people. In the case of aboriginals, that would be illegal under the ESA I believe:

http://www.cdc.gov.tw/downloadfile.aspx?fid=23C8BE7D11727D14

Article 5. For the purpose of ensuring national’s 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.

Now I’m not sure if or how this pertains to the hiring of foreigners. But I don’t see a reason to think it doesn’t. Also, Article 58 Section 9 reads:

As for employment of foreign worker(s), employer shall not engage in any of the following:
9.Having violated, other than the above, the provision(s) of the Act or the regulations promulgated pursuant to the Act.

Which seems to imply that the other portions of the act also apply to foreign workers?

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A double national can apply for any private enterprise but is automatically excluded from any government position. Yes, even contract employees. At least in theory.

Interesting.

http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0130006

So affirmative action is a factor. I didn’t know that.

What?

Sorry, that’s not logical in any sense.