Regulations Governing the Employment of Foreigners by Elementary and Secondary Experimental Education Schools and Institutions Article 13
If a school has any foreign employee to whom the preceding article does not apply, if such a person has been involved in any of the circumstances referred to in Article 29 of the Gender Equity Education Act applies, the school is not permitted to employ that foreigner; if the school has already employed such a person, it shall terminate or cancel their employment contract.If an institution employs foreigners, it is not permitted to employ any person who is involved in any one of the circumstances listed below; if the institution has already employed such a person, it shall terminate or cancel their employment contract:1.The person has been found guilty of committing a sexual assault crime referred to in Subparagraph 1 of Article 2 of the Sexual Assault Crime Prevention Act and convicted with no further right of appeal.2.The competent authority concerned has investigated and confirmed that the person has committed a sexual assault.3.The competent authority concerned has concerned have investigated and confirmed that the person has committed sexual harassment, sexual bullying, or engaged in conduct related to sex or gender that violates professional ethical standards, and that it is necessary for that person’s contract to be terminated and for that person to never again be permitted to be employed to undertake teaching or education related work.4.The competent authority concerned has investigated and confirmed that the person has committed sexual harassment, sexual bullying, or engaged in conduct related to sex or gender that violates professional ethical standards, and that it is necessary for that person’s contract to be terminated and has formally decided to impose a control period of from one and four years during which time employment of that person to undertake teaching or education related work is not permitted.Schools and institutions shall incorporate the provisions of each of the two preceding paragraphs into their employment contracts to ensure that their foreign employees are fully informed about these details and in accordance with the provisions of the Personal Data Protection Act, obtain a document from each foreign employee giving written consent to the school or institution and to associated agencies to collect, process, and use their personal data, and a written declaration that they have never been involved in any of the circumstances referred to in the two preceding paragraphs.
中文原文 高級中等以下實驗教育學校及機構聘僱外國人辦法第13條
學校聘僱前條以外之受聘僱外國人,有性別平等教育法第二十九條所定情形者,不得聘僱,已聘僱者,應予終止或解除聘僱契約。
機構聘僱之受聘僱外國人,有下列情形之一者,不得聘僱,已聘僱者,應予終止或解除聘僱契約:
一、犯性侵害犯罪防治法第二條第一款之性侵害犯罪,經有罪判決確定。
二、經各該主管機關調查確認有性侵害行為屬實。
三、經各該主管機關調查確認有性騷擾、性霸凌或違反與性或性別有關之專業倫理行為,有終止契約及終身不得擔任教育從業人員之必要。
四、經各該主管機關調查確認有性騷擾、性霸凌或違反與性或性別有關之專業倫理行為,有終止契約之必要,且議決一年至四年不得擔任教育從業人員,於該管制期間。
學校、機構應分別將前二項納入聘僱契約,以使受聘僱外國人確實知悉,並依個人資料保護法規定,取得受聘僱外國人同意學校、機構及相關機關蒐集、處理及利用其個人資料之書面文件,並切結無前二項之情事。
機構聘僱之受聘僱外國人,有下列情形之一者,不得聘僱,已聘僱者,應予終止或解除聘僱契約:
一、犯性侵害犯罪防治法第二條第一款之性侵害犯罪,經有罪判決確定。
二、經各該主管機關調查確認有性侵害行為屬實。
三、經各該主管機關調查確認有性騷擾、性霸凌或違反與性或性別有關之專業倫理行為,有終止契約及終身不得擔任教育從業人員之必要。
四、經各該主管機關調查確認有性騷擾、性霸凌或違反與性或性別有關之專業倫理行為,有終止契約之必要,且議決一年至四年不得擔任教育從業人員,於該管制期間。
學校、機構應分別將前二項納入聘僱契約,以使受聘僱外國人確實知悉,並依個人資料保護法規定,取得受聘僱外國人同意學校、機構及相關機關蒐集、處理及利用其個人資料之書面文件,並切結無前二項之情事。