Article 1: RT-Mart provides a safe environment to its members (including employee, expatriate,intern) ,job applicant and customers. RT-mart will take proper measures to prevent,correct, punish sexual harassment incident and protect the right and privacy of involved person. We formulate this Measures in accordance with Article 13 of "Act of Gender Equality in Employment" and "Regulations for Establishing Measures of Prevention, Correction, Complaint and Punishment of Sexual Harassment at Workplace" and Article 7 of "Sexual Harassment Prevention Act".
Article 2: This Measures are applicable to members, job applicant and customers who encounter sexual harassment incidents under Act of Gender Equality in Employment or Sexual
Harassment Prevention Act, but do not include cases where the Gender Equity Education
Act should be applied.
Article 3: Sexual harassment as defined in these Measures refers to one of the following situations:
1. Act of Gender Equality in Employment: According to the Act of Gender Equality in Employment, sexual harassment refers to the situation that anyone makes a sexual request, use verbal or physical conduct of a sexual nature or with an intent of gender discrimination, cause RT-Mart's members a hostile, intimidating and offensive working environment leading to infringe on or interfere with his/her personal dignity, physical liberty or affects his/her job performance; or employer explicitly or implicitly makes a sexual request toward an employee or an 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 a labor contract or as a condition to his/her placement, assignment, compensation, evaluation, promotion, demotion, award and discipline.
2. Sexual Harassment Prevention Act:
Excluding sexual assault crimes, the so-called sexual harassment in the Act refers to the sexual statements or sexual behavior violating another person's wishes and also to the following situations:
a. If a person's obedience to or rejection of another's sexual advances become a condition of obtaining, losing or reducing their rights and interests in work, education, training, services, plans or activities.
b. 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.
3. Specifically, the patterns of sexual harassment include the following:
a. Insult, despise, or discriminate because of gender.
b. Inappropriate,displeased, offesive ra/physical contact or sexual request.
c. Request for sex or related behavior by threaten or punishment.
d. Compulsory sexual intercourse or sexual attack.
e. Display pictures or words with implication of sex.
Article 4: RT-Mart shall prevent sexual harassment happening at workplace, protect its employees
from threaten of sexual harassment, establish a friendly work environment, and elevate directors and employees' sense of gender equality. If sexual harassment or suspected incident happens, RT-Mart shall examine and improve its prevention measures. If employees works in a place that the employer cannot manage, the employer should
provide necessary protective measures against the risk of sexual harassment in the work
environment and inform the employees in advance.
Article 5: RT-Mart shall set up a channel to file a complaint, announce its relative information at
obvious place and print out to every employee.
➤ Complaint phone number: 0800-033-789
➤ Internal extension number: 620
➤ Complaint email: email@example.com
➤ Unit in charge: Legal Team
Article 6: RT-Mart shall reinforce the announcement of sexual harassment prevention and complaint channels through conference, broadcast, prints or any other means. RT-Mart
shall implement trainings about sexual harassment prevention, organize gender equality
and sexual harassment prevention course during trainings or workshops.
Article 7: RT-Mart shall take immediate and effective correction measures as soon as acknowledge a sexual harassment incident happens. RT-Mart shall notice the followings:
1. Protect the victim's right and privacy.
2. Maintain or improve the circumstances around the victim.
3. Punish the harassers.
4. Carry out other prevention and improvement measures.
Article 8: RT-Mart will organize a committee for handling and investigating sexual harassment. The
committee will be organized by the representatives of employer and employee, with one chairman and the sum of 3-7 persons. Female members must be more than half, and either gender cannot be less than one third. Professional scholars or experts will be invited if needed.
Article 9: Complaint of sexual harassment could be made by oral or in writing. If it is made by oral, the accepting unit shall make a written record and provide the complainant's signature after confirmation.
Article 10: Complaint requirements:
1. The complaint shall be signed or stamped by the complainant and has the following items:
a. Name, gender, age, ID number, service unit and title, address or residence, contact number of complainant.
b. The aforementioned personal information of the legal representative (if any).
c. If there is an agent, a letter of appointment should be attached and the aforementioned personal information should be included.
d. The facts, evidence and application date of the complaint.
2. If the complaint information does not meet the aforementioned requirements, the complainant shall make corrections within 14 days, and the complaint will not be accepted if it fails to make corrections within the time limit.
3. The legal obligations stipulated by the Act of Gender Equality in Employment shall not be affected by non-acceptance of applications.
4. Even if the perpetrator is not an employee, RT-Mart should still provide protection in accordance with these Measures; When receiving a complaint about a sexual harassment prevention Act case, it should be dealt with immediately, and the complaint and information should be transferred to the competent authority within 7 days.
5. For cases that are not accepted in accordance with paragraph 2 of this article, the parties shall be notified in writing within 20 days after the complaint. If it is a case of the Sexual Harassment Prevention Act, the local competent authority shall be notified.
6. When the same case has been dealt with in accordance with the Act of Gender Equality in Employment or the Sexual Harassment Prevention Act, and the party has been replied to, the same case shall not be appealed again.
Article 11: Withdraw the complaint:
1. Before the committee reach a conclusion, the complainant or his/hers proxy may withdraw the complaint. After withdrawal, no further complaints can be made about the same incident.
2. If the provisions of the preceding paragraph fall within the scope of the Sexual Harassment Prevention Act, it only applies to cases where the complaint is withdrawn after mediation by the competent authority.
Article 12: Recusal:
1. When there is one of the following circumstances, the trial staff should apply for
recusal on their own:
a. The trial staff or his/her spouse, former spouse, or close relatives are the one party.
b. The trial staff or his/her spouse, former spouse has an interest relationship with the one party
c. Served as an agent or assistant to the one party.
d. He/She was a witness or appraiser in the case.
2. When there is one of the following circumstances, both parties can apply for the
trial staff to recusal:
a. The trial staff who have the circumstances listed in the preceding paragraph but didn't recusal themselves.
b. There are facts to suspect that the trial staff's investigation will be biased.
3. An application for recusal shall be submitted to the committee and the reasons shall be presented; the trial staff who is requested to recusal may submit a written opinion.
4. The trial staff who have been applied for recusal should stop the investigation before the committee makes a decision. However, if there is an urgent situation, it should still be necessary.
5. If the trial staff has the above situation that should be recusal but not recusal, the committee shall order to recusal.
Article 13: RT-Mart shall investigate sexual harassment incident in accordance with following rules:
1. The investigation shall be executed in secret
2. The investigation shall be held with objectiveness, justice and profession, giving
chances to involved persons to state their opinions
3. When the victim's statement is clear enough, he/she shall not be asked repeatedly.
4. Inform relative persons to illustrate his/hers opinion is acceptable.
5. If the involved persons are not equal in power, a confrontation shall be avoided.
6. The investigator may make a written material within the obligation of disclosure.
7. All the persons deal with sexual harassment incident shall keep involved persons' information in secret.
8. An unfair treatment to complainant or correspondent is not allowed.
Article 14: All the persons deal with sexual harassment incident shall keep all information regarding the complaint in secret, otherwise he/she shall be forbid to attend the committee. RT-Mart may implement a punishment on him/her.
Article 15: Processing flow
1. The committee shall end the investigation and reach a conclusion within 2 months of receiving the complaint; if necessary, it may extend for 1 month. The conclusion shall be made with reasons and advice of punishment or other measures.
2. The committee shall have the attendance of more than half members to start the meeting and more than half attending members' agree to make a resolution.
3. The conclusion of the committee shall be notified in writing to the complainant, the correspondent, and RT-Mart. If either party is not satisfied with the conclusion, he/she may appeal within 20 days of the next day of receiving the notification.
4. The appeal shall be raised with reasons in writing and the committee shall convene a meeting to deal with it. After the case is closed, no appeal may be filed on the same matter.
5. The re-appeal mechanism of the Sexual Harassment Prevention Act: Re-appeal to
the local competent authority within 30 days after receiving the investigation resolution.
Article 16: The complainant or the correspondent may raise an appeal to the committee in
1. The conclusion and its reasons are conflicting.
2. The organization of the committee is illegal.
3. A member of the committee shall avoid himself/herself but fail to do so.
4. A member of the committee disobey his/her duty and commit a criminal crime which has been sentenced.
5. The conclusion is made according to a false statement of witness.
6. The conclusion is made according to a fake evidence.
7. The conclusion is made according a court ruling and the ruling has be modified afterwards.
8. A new evidence is found afterwards.
9. The conclusion missed to take an important evidence into account.
Article 17: Once the complaint of sexual harassment is sustained, RT-Mart may render appropriate punishment measures to the harrasers in accordance with RT-Mart's work rule. If criminal liability is involved, RT-Mart shall help the complainant to file a suit. If the complaint is proved to be fabricated, an appropriate punishment or other corrective measures should be rendered to the complainant.
Article 20: Legal validity
1. This announcement may be supplemented and governed by Act of Gender Equality in Employment and Sexual Harassment Prevention Act.
2.If this Measures conflicts with the aforementioned laws, the conflicting part is invalid.
3. This announcement is implemented after approved by HR division, and same apply to amendment.