Chang Hwa Bank-Chang Hwa Bank Guidelines for Sexual Harassment Prevention

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Chang Hwa Bank Guidelines for Sexual Harassment Prevention

Chang Hwa Bank Guidelines for Handling Sexual Harassment Preventive Measures and Complaints

Chapter 1 General Rules

Article 1 (Legal Basis)
To prevent sexual harassment and protect the rights of victims, and to provide a working environment preventing employees and job applicants of our bank from any sexual harassments, as well las to adopt appropriate prevention, correction, discipline and handling measures for sexual harassment events, Chang Hwa Bank (hereinafter referred to as the “Bank”) establishes these Guidelines according to Paragraph 1 and Paragraph 2 of Article 7 of the “Sexual Harassment Prevention Act”, Paragraph 1 of Article 13 of the “Act of Gender Equality in Employment”.
Article 2 (Definition)
Sexual harassment referred to in these Guidelines include the following circumstances:

In the course of an employee executing his or her duties, any one makes a sexual request, uses verbal or physical conduct of a sexual nature or with an intent of gender discrimination, causes him or her a hostile, intimidating and offensive working environment leading to infringe on or interfere with his or her personal dignity, physical liberty or affects his or her job performance.
The Bank explicitly or implicitly makes a sexual request toward an employee or a job applicant, uses verbal or physical conduct of a sexual nature or with an intent of gender discrimination as an exchange for the establishment, continuance, modification of an employment contract or as a condition to his or her placement, assignment, compensation, evaluation, promotion, demotion, award and discipline.
Excluding the requirements specified in the preceding two paragraphs and sexual assault crimes, an employee of the Bank engages in sex or sexual behavior violating another person's wishes and also to the following situations:

If a person's obedience to or rejection of others advances become a condition of obtaining, losing or reducing their rights and interests in work, education, training, services, plans or activities.
If texts, pictures, voices, images or other objects are used to inundate or intimidate; or if languages and behaviors of discrimination, and insults or other methods are adopted; for such reasons, the other's person's dignity of character is impaired; or if another person feels scared, feels disliked with hostility or feels offended; or if another persons' work, education, training, services, plans, activities or other normal habits are improperly influenced. The term “employee(s)” described in this Article refers to an individual employed by the Bank to perform job duties and receives salary for his or her job performance. An individual exercising the management right on behalf of the Bank or an individual representing the Bank in handling relevant employee affairs shall be deemed to be equivalent to the “Bank”.

Article 3 (Determination of Sexual Harassment)
The determination of sexual harassment described in these Guidelines shall be based on the background of the incident, work environment, relationship between the parties, the actor’s testimony and conduct, and the counterpart’s perception.
Article 4 (Preventive Measures)
To prevent the occurrence of sexual harassments, the Bank shall implement the following sexual harassment measures:

Shall periodically implement educational trainings for sexual harassment prevention annually, or encourage personnel of the Bank to participate in sexual harassment prevention related educational trainings, and shall record such trainings as official leaves and provide subsidies therefor.
Install written statements of prohibition of workplace sexual harassment at the corporate intranet of the Bank.
Handle complaints in a confidential manner, and protect the complainants from any revenge or other unfavorable treatments.
For any person of the Bank subject to sexual harassment conduct or complaint for malicious accusation being verified to be true, such person shall be transferred to the Personnel Evaluation Committee of the Bank for disciplinary actions.
Establish telephone to accept sexual harassment complaints, and shall announce such telephone for personnel’s knowing.
Perform tracking, evaluation and supervision on complaint cases, in order to prevent occurrence of same events or revenges.

Article 5 (Complaint Channel)
Employees or job applicants of the Bank or any personnel of the Bank subject to sexual harassment may file complaint to the unit supervisor, dedicated internal management working staff of the location where the sexual harassment event occurs or to the Human Resource Division of the Bank. Upon receiving a sexual harassment complaint, each unit shall adopt effective corrective measures or remedies immediately, and report to the Human Resource Division.
Complaint filing direct telephone is as follows:

Unit complaint direct line: Service location
Human Resource Division complaint direct line: (02) 2560-3658 During the implementation of corrective measures or remedies, personnel shall be aware of the following

Protect the rights and privacy of the victim.
Maintenance or improvement of the safety of the work place.
Other prevention and improvement measures.

Chapter 2 Sexual Harassment Complaint During Execution of Duties and Handling Thereof

Article 6 (Applicability of Sexual Harassment During Execution of Duties)
Sexual Harassment during execution of duties refers to an employee or a job applicant of the Bank is subject to sexual harassment described in Subparagraph 1 or Subparagraph 2 of Paragraph 1 of Article 2, and regulations specified in this Chapter shall be applicable to the complaint and handling procedures thereof.
Article 7 (Complaint Method)
When a complainant files a complaint, it may be made field verbally or in writing. Where a verbal complaint is filed, the personnel or unit accepting the complaint shall create records, and shall read or request the complainant to read the record in order to ensure that its content is correct, followed by requesting the complainant to sign or seal the document. Complaint letters or records created for verbal complaints shall indicate the following:

Name, service unit and job title, residence, contact telephone of the complainant and the date of the complaint.
Where any agent is appointed, an authorization letter shall be submitted and shall be indicated with the name, residence and contact telephone.
Fact and content of the complaint.

Article 8 (Unacceptable Complaint Matters)
When a complaint is subject to one of the following conditions, it shall not be accepted:

Where the complaint method fails to comply with the requirements described in the preceding article.
After same event is closed or withdrawn, a compliant is filed again for the same event.
Where the complainant is not the victim of a sexual harassment event or is not a representative of the victim.
Where the complaint irrelevant to sexual harassment is filed.
Where the complaint fails to indicate content of specific fact or the real name, residence and contact method.

Article 9 (Handling of Complaint)

When the Bank handles sexual harassment complaints, it shall be handled in a confidential manner. In addition, after a complaint is received, the Bank shall adopt effective corrective measures and remedies immediately depending upon the needs of the event, and when it is considered necessary, the “Sexual Harassment Complaint Handling Committee” (hereinafter referred to as the “Handling Committee”) may be established to conduct investigation and review.
The “Handling Committee” is jointly formed by representatives assigned by the Bank and the labor union, and attention on the specific ratio of the gender of the committee members shall be made.
During the investigation conducted by the Bank, the privacy of the involving party and other personal legal interests shall be protected during the investigation process.
During the convention of the “Handling Committee” meeting, the involving party and related persons may be informed to provide explanations in person, and personnel with relevant academic knowledge and experience may be invited to provide assistance.
The “Handling Committee” shall make resolution indicated with reasons, and may also provide recommendation on disciplinary actions or other handling. The resolution result shall be made in writing to inform the complainant and the counterparty of the complaint.

Article 10 (Investigation Time-Limit and Response)
The Bank shall close the case within three months from the date when a complaint is received. Where the complainant and the counterparty of the complaint raises objection against the resolution of the complaint case, he or she may submit a response to the Bank with written reasons within ten days from the next day when the written resolution result is served.
Article 11 (Handling of Sexual Harassment Disciplinary Action)
When a sexual harassment behavior is verified to be true through investigation, the Personnel Evaluation Committee of the Bank may impose appropriate disciplinary action or other handling on the counterparty of the complaint according to the investigation resolution and handling recommendation made by the “Handling Committee”. In the event that a complaint is verified to be a malicious accusation, appropriate disciplinary action or other handling may also be imposed on the complainant.

Chapter 3 (Sexual Harassment Complaint Not During Execution of Duties and Handling Thereof)

Article 12 (Applicability of Sexual Harassment Not During Execution of Duties)
Sexual harassment not during execution of duties refers to, excluding sexual assault crimes, an employee of the Bank engages in sex or sexual behavior violating another person's wishes and also subject to any one of the conditions described in each Item of Subparagraph 3 of Article 2, and the regulations described in this chapter shall be applicable to the complaint and handling procedures thereof.
Article 13 (Complaint Method)
Complainant may file a complaint to the Bank within one year from the date of the occurrence of the sexual harassment incident, and the complaint shall be filed verbally or in writing. Where a verbal complaint is filed, the personnel or unit accepting the complaint shall create records, and shall read or request the complainant to read the record in order to ensure that its content is correct, followed by requesting the complainant to sign or seal the document.
Complaint letters or records created for verbal complaints shall indicate the following:

Name, gender, age, identification certificate number of passport number, service or job position unit and job title, permanent residence or contact address, contact telephone of the complainant.
Where there is a legal representative, the name, gender, age, identification certificate number of passport number, occupation, permanent residence or contact address, contact telephone of the legal representative.
Where there is an authorized representative, the name, gender, age, identification certificate number of passport number, occupation, permanent residence or contact address, contact telephone of the authorized representative, and an authorization letter shall be submitted.
Content of act and relevant evidence of the complaint.
Month, day and year of the complaint. Where a complaint letter or record made from the verbal description fails to comply with the requirements described in the preceding paragraph, when such condition can be corrected, the Bank shall inform the complainant to make correction within fourteen days.

Article 14 (Unacceptable Complaint Matters)
When a complaint is subject to one of the following conditions, it shall not be accepted:

A complaint or record made from the verbal description fail to be corrected within the time-limit specified in Paragraph 3 of the preceding Article.
Where the investigation for one identical event has been completed, and the investigation result letter has been submitted to the involving party in writing. When the Bank refuses to accept a sexual harassment complaint, the complainant shall be informed in writing within twenty days from the date when the complaint is received, and the Department of Social Welfare, Taipei City Government, shall also be informed. The notice described in the preceding paragraph shall indicate reasons, and shall also indicate the period and agency for re-appeal according to Paragraph 2 of Article 21.

Article 15 (Handling of Complaint)
After a complaint is received, the Bank shall adopt effective corrective measures and remedies immediately depending upon the needs of the event, and the “Sexual Harassment Complaint Handling Investigation Committee” (hereinafter referred to as the “Investigation Committee”) shall be established to conduct investigation. Where the party being complained (i.e. defendant) for sexual harassment is not a person of the Bank, the Bank shall adopt appropriate emergency handling, and shall transfer the complaint letter and relevant documents to the competent authority of municipality or county (city) at the location where the sexual harassment event occurs within seven days.
Article 16 (Formation of Investigation Committee)
“Investigation Committee” shall have one chairperson, handled by the Vice President in charge of supervising the human resource affairs. Investigation Committee shall have seven to nine committee members, except where the chairperson is the apparent committee member, the rest of the committee members shall be submitted to the President for approval, followed by appointment of such members. The female ratio of the Investigation Committee members described in the preceding paragraph shall not be less than one-half. When it is considered necessary, experts and scholars may be hired to assume such positions.
Article 17 (Recusal of Investigation Committee Members)
During the investigation process, an Investigation Committee member subject to any one of the following conditions shall recuse from the investigation:

Where the committee member or his/her spouse, ex-spouse, relatives within four degree of kinship by blood or within three degree of kinship by marriage or any party with such relationship is the party involving in the event.
Where the committee member or his/her spouse, ex-spouse, is in joint obligee or jointly obligor relationship with the party involving in the event.
Where he or she is currently or was once an agent, assistant to the involving party.
Where he or she was once a witness or an expert witness of the event. When an Investigation Committee member is subject to any one of the following conditions, the involving party may apply for recusal:

Where he or she is subject to the condition described in the preceding paragraph but fails to recuse himself or herself from the investigation.
Where there is specific fact sufficient to indicate that the investigation conducted by him or her has the likelihood of bias. For the application under the preceding paragraph, the involving party shall provide reasons and facts to the Investigation Committee, and shall provide appropriate interpretation. The Investigation Committee member subject to the recusal requested by others may submit an opinion letter directed to such request field by others. Prior to the approval or disapproval for the request of recusal made by the “Investigation Committee”, the Investigation Committee member subject to the request of recusal filed by others shall stop his or her investigation work. However, in case of emergencies, necessary handling may be made. Where an Investigation Committee member is subject to the condition described in Paragraph 1 of this Article but fails to recuse himself or herself or no request of recusal is filed by the involving party, then the “Investigation Committee” shall order such committee member to recuse himself or herself.

Article 18 (Complaint Investigation Handling Principle)
During the handling of sexual harassment complaint investigation, the Bank shall comply with the following principles:

Shall be handled in a confidential manner, and protect the privacy and personal legal interests of the involving party.
Shall comply with the principles of objective, fairness and professional, and shall provide sufficient opportunities for making statements and responses to involving party.
When the statements made by the complainant is clear such that there is no need for further inquiries, repetitive inquires shall be prevented.
The involving party and related persons may be informed to provide explanations in person, and when it is considered necessary, personnel with relevant academic knowledge and experience may be invited to provide assistance.
When the involving party or witness is at a position of power inequality, confrontation shall be prevented.
For the purpose of investigation, the Investigation Committee members may prepare written documents without violating the scope of non-disclosure obligation, and submit such documents to the involving party for review or providing warnings thereto.
The Investigation Committee members handling the sexual harassment event and relevant personnel shall keep the confidentiality of the name of the involving party or other information sufficient to identify the identity, unless where there is a need for investigation or based on the concern of public safety.
During the investigation process, the physical and mental condition of the involving party may be considered in order to actively transfer or provide psychological counseling and legal assistance.
During the investigation process, to provide assistance to the involving party or other persons participating in the action, no discrimination shall be made. For violation of the requirements specified in Subparagraph 7, punishment shall be imposed according to the Criminal Code and relevant laws.

Article 19 (Complaint Withdrawal without Re-filing of Complaint)
Before the “Investigation Committee” makes the resolution, the complainant or its authorized representative may issue a written request for withdrawal of the complaint. Once a complaint is withdrawn, no complaint shall be re-filed based on the same fact and reason gain.
Article 20 (Investigation Time-Limit)
Except for conditions of unacceptable complaints, the Bank shall start investigation within seven days form the date when a complaint of an sexual harassment event is received or when a transferred complaint case is served, and the investigation shall be completed in two months. When it is considered necessary, it may be extended for one month; however, the complainant shall be informed of such extension.
Article 21 (Investigation Result)
The Bank shall inform the complainant and the Department of Social Welfare, Taipei City Government, about the sexual harassment event investigation result in writing. Where the Bank fails complete the investigation within the time-limit, or where the involving party disagrees with the investigation result, the involving party may file re-appeal with the Taipei City Sexual Harassment Prevention Committee within thirty days from the next day when the time-limit is expired or when the investigation result notice is served.
Article 22 (Appropriate Assistance in Reputation Restoration)
When personnel of the Bank engages in sexual assault or sexual harassment another person in the course of executing duties, and the victim requests for appropriate disposition on restoration of reputation according to the posterior section of Paragraph 2 of Article 9 of the “Sexual Harassment Prevention Act”, the Bank shall provide appropriate assistance when imposing appropriate disposition on the personnel of the Bank for restoration of the reputation of the victim.
Article 23 (Disciplinary Actions for Sexual Harassment)
When sexual harassment behavior of personnel of the Bank is verified to be true through investigation or complaint is verified to be malicious accusation with facts, the requirements specified in Article 11 shall be applied for the disciplinary actions on such matter.

Chapter 4 Other Provisions

Article 24 (Applicability of Relevant Laws)
For matters not specified in these Guidelines, such matters shall be handled according to the “Act of Gender Equality in Employment”, “Sexual Harassment Prevention Act” and relevant laws.
Article 25 (Implementation of these Guidelines)
These Guidelines shall be approved by the President, and reported to the (managing) directors for recordation before the implementation thereof. The same requirements shall be applied to amendments of these Guidelines.