CHM Sexual Harassment Prevention Measures, Complaints and Disciplinary Procedures

CHM Sexual Harassment Prevention Measures, Complaints and Disciplinary Procedures

Cathay Hospitality Management (hereinafter referred to as "the Company") has established these procedures to provide a workplace and service environment free from sexual harassment for its employees (including employed personnel, dispatched workers, technical interns and trainees), job applicants or service recipients. The aim is to eliminate gender discrimination and ensure equal employment opportunities for both genders. These measures are formulated in accordance with Article 13, Paragraph 1 of the Gender Equality in Employment Act, the Regulations for Establishing Measures of Prevention, Correction, Complaint and Punishment of Sexual Harassment at the Workplace issued by the Ministry of Labor and Article 7, Paragraphs 1 and 2 of the Sexual Harassment Prevention Act.

This regulation addresses cases of sexual harassment involving employers, employees (including employed personnel, dispatched workers, technical interns and trainees) and job seekers.

The following definitions apply under this regulation:

The following definitions apply under this regulation:

  • Workplace: Refers to offices and any locations extended due to the execution of duties.

  • Employees: Refers to individuals employed by the Company to perform work or provide services in exchange for remuneration , who have signed labor contracts. This includes employed personnel, dispatched workers, technical interns and trainees.

  • Employer: Refers to individuals exercising managerial authority or handling employee-related matters on behalf of the Company.。

  • Job seekers: Refers to individuals applying for positions with the Company.

  • Service recipients: Refers to guests staying at the Company's accommodations or dining at its facilities.

Sexual harassment, as defined in this regulation, refers to any of the following situations:

(I) Applicable under the Gender Equality in Employment Act

(I) Applicable under the Gender Equality in Employment Act

  • When employees, during the execution of their duties, are subjected to sexual demands, sexually explicit or gender-discriminatory language or behavior by any individual, creating a hostile, intimidating or offensive work environment that infringes on their personal dignity, freedom or affects their work performance.

  • When employers explicitly or implicitly impose sexual demands, make sexually explicit or gender-discriminatory remarks or actions toward employees or job seekers, using such behavior as a condition for the establishment, continuation, modification, or allocation of labor contracts, including aspects such as job assignments, compensation, performance evaluations, promotions, demotions or disciplinary actions.

(II) Applicable under the Sexual Harassment Prevention Act

(II) Applicable under the Sexual Harassment Prevention Act

Excluding cases of sexual assault crimes (for which, except for the complaint procedures, relevant provisions of this regulation also apply), sexual harassment refers to any actions involving sexual or gender-related conduct that violate another person's will and meet one of the following conditions:

  • Using the submission or rejection of such conduct as a condition for gaining, losing, or impairing rights related to work, education, training, services, projects, activities or other benefits.

  • Displaying or broadcasting text, images, sounds, videos or other items or engaging in discriminatory or insulting language or behavior or employing other methods that damage the dignity of another person, create fear, hostility or an offensive atmosphere or improperly affect their work, education, training, services, projects, activities or normal life.

For employees performing duties outside locations controlled or managed by the employer, the Company shall identify types of risks related to workplace sexual harassment, provide the necessary protective measures and inform employees of these risks in advance.

To effectively handle sexual harassment complaints and ensure the rights of both the complainant and the respondent, the Company establishes a Sexual Harassment Complaint Handling Committee(性騷擾申訴處理委員會), composed of representatives from both employer and employee sides (hereinafter referred to as the Committee), responsible for matters related to sexual harassment complaints, investigations and resolutions.

  • The Committee shall appoint a Chairperson and its members shall consist of at least three individuals chosen in accordance with legal regulations. The Chairperson shall be appointed by the General Manager, and the members shall be nominated by various departments, with emphasis on gender equality awareness. The General Manager will make the final appointments. The number of female members shall be no less than half of the total number of committee members.

  • Committee members shall serve a term of two years and may be reappointed. If committee members leave their position during their term due to resignation or other reasons, the General Manager will appoint a replacement and the replacement's term will end on the original term's expiration date.

  • If dispatched workers experience sexual harassment by company employees, the Company will accept the complaint and jointly investigate it with the dispatching agency, notifying both the agency and the involved parties of the results.

  • The Chairperson oversees all committee affairs and presides over meetings.If the Chairperson is unable to perform his or her duties, the Chairperson may designate a member to act as their proxy.

  • Committee members are obligated to attend meetings, participate in investigations, make resolutions and assist the Chairperson with committee affairs.

  • The Committee shall appoint an Executive Secretary, who is concurrently a member nominated by the Human Resources Department and a Clerk assigned by the Executive Secretary.

  • The Executive Secretary, under the Chairperson's direction, is responsible for handling sexual harassment complaints, managing committee affairs and organizing and archiving related documents.

  • The Clerk, under the Executive Secretary's direction, assists with meeting organization, communication and the implementation of committee resolutions.

  • All positions within the Committee are unpaid.

Hotline and Email for Handling Sexual Harassment Complaints

Hotline and Email for Handling Sexual Harassment Complaints

The Company has established a dedicated hotline and email to handle sexual harassment complaints and relevant information will be prominently displayed in the workplace. If the harasser is the employer, the complainant may file a complaint with this Committee, as well as with the local competent authority.

Own Brand

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Sexual harassment complaints can be filed either orally or in writing with this Committee.

Sexual harassment complaints can be filed either orally or in writing with this Committee.

For oral complaints, the Executive Secretary will record the complaint and read or show it to the complainant. Once the complainant confirms the accuracy, the complainant will sign or stamp the record.

    For written complaints, the complainant must sign or stamp the document.It should include the following details:

    • Name of the complainant

    • Company name and job title

    • Residence address

    • Contact number

    • Date of the complaint

    If the complainant is represented by an agent, the following must also be submitted:

    • Power of attorney

    • Agent's name

    • Address

    • Contact number

    • Details of the complaint

    If the complaint form or oral complaint record does not meet the requirements but can be corrected, the complainant will be notified to make corrections within fourteen days.Failure to correct the form within the specified period will result in the complaint not being processed.

    If the complaint form or oral complaint record does not meet the requirements but can be corrected, the complainant will be notified to make corrections within fourteen days.Failure to correct the form within the specified period will result in the complaint not being processed.

    • This Committee handles all sexual harassment complaints confidentially.The Company will not take any adverse actions against individuals for filing complaints or assisting others in doing so.

    • Once a complaint is accepted, the Committee will begin its investigation within seven days of receiving the complaint.The investigation process will prioritize protecting the privacy and other personal rights of all involved parties.All committee members participating in the investigation and any invited personnel must maintain confidentiality about the investigation's content and may not disclose it externally. Violations will lead to disciplinary action.

    The Committee must conclude the investigation of sexual harassment complaints within two months from the date the complaint is filed. If necessary, this period may be extended by one month and the parties involved will be notified.

    The Committee must conclude the investigation of sexual harassment complaints within two months from the date the complaint is filed. If necessary, this period may be extended by one month and the parties involved will be notified.

    • If a committee member is involved in the complaint or there is any reason to believe they may be biased, that said members must recuse themselves. The complainant or other stakeholders may also request the member's recusal. The Committee will decide whether or not to grant the recusal.

    • During committee meetings, the parties involved and relevant individuals may be invited to provide explanations. Experts with relevant knowledge and experience may also be invited to assist.

    • In determining whether or not a sexual harassment has occurred, the Committee should consider the specific facts of the case, including the background of the incident, the work environment, the relationship between the parties, the words and actions of the alleged harasser and the perceptions of those involved.

    • If the Committee determines that the case involves civil or criminal liability, the complainant will be informed that they may pursue civil or criminal action and the Committee may assist in holding the respondent accountable for any civil or criminal liability.

    • Before the Committee issues its decision, the complainant may withdraw the complaint in writing. Once the withdrawal is received by the Committee, the case will be closed for record-keeping. After withdrawing the complaint, the complainant may not file a new complaint on the same issue.This does not apply to cases under the Sexual Harassment Prevention Act, where a complaint may be withdrawn only if it has been resolved through mediation by the competent authority.

    • A decision by the Committee requires the attendance of at least two-thirds of its members, with the agreement of the majority of those present. In the event of a tie, the chairperson's vote will determine the outcome.

    • The Committee must conclude the case within two months from the date the complaint is filed. If necessary, this period may be extended by one month and the parties involved will be notified. The Committee's decision will be accompanied by a rationale and may include recommendations for disciplinary action or other measures, which will be forwarded to the Human Resources Department for implementation.If it is determined that a complaint was false, appropriate disciplinary measures will be taken against the complainant. The decision will be provided in writing to the complainant, the respondent and the Company. If either the complainant or the respondent disagrees with the Committee's decision, they may submit a written appeal to the Committee within 20 days of receiving the written notification.

    If no appeal is made within this period, no further complaints on the same issue will be accepted.

    If no appeal is made within this period, no further complaints on the same issue will be accepted.

    • The Committee will monitor and ensure that decisions and disciplinary measures are effectively implemented to prevent recurrence of similar incidents or retaliation.

    • To prevent sexual harassment, the Company may periodically provide employees with sexual harassment prevention education and training. Employees are required to participate and cannot refuse.

    • The budget required for the Committee's operations will be provided by the Management Department's relevant budget.

    • These regulations will be implemented after approval by the chairman and any amendments will follow the same procedure.

    • These regulations take effect from the date of announcement.