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Workplace Sexual Harassment Prevention Measures

Fortune Electric Co., Ltd. Workplace Sexual Harassment Prevention Measures, Complaint, and Disciplinary Procedures

Fortune Electric Co., Ltd. (Revised on October 4, 2019, Version: 1)

Fortune Electric Co., Ltd. (hereinafter referred to as the "Company") establishes these measures to provide personnel (including employees, dispatched workers, technical trainees, and interns) and job applicants with a work and service environment free from sexual harassment. The Company adopts appropriate preventive, corrective, disciplinary, and handling measures to protect the rights and privacy of the parties involved. These measures are formulated in accordance with Article 13, Paragraph 1 of the Gender Equality in Employment Act and the Ministry of Labor's "Guidelines for Establishing Measures for the Prevention, Complaint, and Disciplinary Actions of Workplace Sexual Harassment."

Sexual harassment, as defined by Article 12 of the Gender Equality in Employment Act, refers to any act of sexual solicitation, sexually suggestive remarks, or gender discrimination by any person (including supervisors, employees, customers, guests, etc.) during the execution of duties, which creates a hostile, threatening, or offensive work environment, thereby infringing upon or interfering with an individual's dignity, personal freedom, or affecting their work performance. It also includes explicit or implicit sexual demands, sexually suggestive remarks, or gender-discriminatory behavior by supervisors towards employees or job applicants, used as conditions for the establishment, continuation, modification, or distribution of labor contracts, placement, remuneration, performance reviews, promotions, demotions, or rewards and penalties.

Specifically, the types of sexual harassment behaviors include:
1. Insulting, demeaning, or discriminatory attitudes and behaviors due to gender differences.
2. Inappropriate, unpleasant, offensive language, physical contact, or sexual demands related to sex.
3. Demanding sexual acts or sexually related behaviors through threats or punishment.
4. Rape and sexual assault.
5. Displaying sexually suggestive images or texts.

The Company shall prevent and address the occurrence of workplace sexual harassment, protect employees from the threat of sexual harassment, and establish a friendly work environment while promoting gender equality awareness among supervisors and employees. In the event of sexual harassment or suspected incidents, the Company should immediately review and improve preventive measures. If any of the aforementioned personnel work in environments outside the employer's control or management, the employer should identify potential sexual harassment risks in the work environment, provide necessary protective measures, and inform them in advance.

The Company shall establish channels for workplace sexual harassment complaints and publicly display relevant information in prominent areas of the workplace, including platforms such as electronic bulletin boards or websites where both internal and external parties can access this information. The complaint channels shall include telephone, fax, employee suggestion boxes (both physical and electronic platforms), and a designated email address on the company's official website.
The complaint hotline: 03-4526-111, extensions 230 or 270.
The dedicated fax for complaints: 03-4512-833.
The internal employee suggestion box or complaint email:slj@fortune.com.tw stanley.chang@fortune.com.tw angel@fortune.com.tw
The external feedback column:http://www.fortune.com.tw/contact_stakeholder.aspx

The Company utilizes various communication methods, including monthly factory meetings, new employee training programs, the company website, and physical or electronic bulletin boards, to enhance awareness of workplace sexual harassment prevention measures and complaint channels. Additionally, the Company conducts workplace sexual harassment prevention training, incorporating gender equality and harassment prevention courses into the training curriculum. Relevant information is publicly displayed in prominent areas of the workplace.

Upon becoming aware of any incidents of sexual assault or sexual harassment, the Company shall take immediate and effective corrective and remedial measures while ensuring the following:
1. Protect the rights and privacy of the victim.
2. Maintain or improve the safety of the workplace environment.
3. Impose disciplinary actions on the perpetrator.
4. Implement other preventive and corrective measures.

The Company shall establish a Workplace Sexual Harassment Complaint Handling Committee, composed of both employer and employee representatives, responsible for handling workplace sexual harassment complaints. The committee shall have one chairperson, who serves as the meeting chair. If the chairperson is unable to preside over the meeting, another committee member may be designated as a substitute. The committee shall consist of six members and one executive secretary responsible for receiving complaints, conducting investigations, and submitting cases for review. Experts and scholars may be invited as needed, and female representatives on the committee shall comprise no less than half of its members.If a dispatched worker experiences sexual harassment while performing their duties, the Company shall accept the complaint, conduct a joint investigation with the dispatching agency, and notify both the dispatching agency and the involved parties of the results.

Sexual harassment complaints may be submitted either verbally or in writing. If a complaint is made verbally, the receiving personnel or unit shall document the complaint, read it aloud or present it for the complainant to review, and obtain their signature or seal upon confirmation of its accuracy.The written complaint should be signed or sealed by the complainant and must include the following details:
1. The complainant’s name, workplace, job title, residence, contact number, and the date of the complaint.
2. If a representative is appointed, an authorization letter must be provided, including the representative’s name, residence, and contact number.
3. The facts and details of the complaint.If the written complaint or the recorded verbal complaint does not meet the above requirements but can be rectified, the complainant shall be notified to correct it within 14 days. Failure to do so within the given period will result in the complaint not being accepted.

Before the Workplace Sexual Harassment Complaint Handling Committee reaches a resolution, the complainant or their authorized representative may withdraw the complaint in writing. Once withdrawn, the same complaint may not be resubmitted.

When investigating sexual harassment incidents, the company shall adhere to the following investigation principles:
1. The investigation of sexual harassment incidents should be conducted privately, and the process should protect the privacy and personal rights of the involved parties.
2. The investigation should uphold principles of objectivity, fairness, and professionalism, ensuring that the involved parties have ample opportunity to present their views and respond.
3. If the victim’s statement is clear and no further inquiry is necessary, repetitive questioning should be avoided.
4. The investigation may notify the involved parties and relevant individuals to attend and provide statements, and relevant experts may be invited to assist.
5. If there is an imbalance of power between the involved parties or witnesses, direct confrontation should be avoided.
6. Investigators may, if necessary, create additional written materials within the scope of confidentiality requirements and present them to the parties for review or outline the key points.
7. All personnel involved in handling sexual harassment incidents must maintain the confidentiality of the complainant’s name or any other identifying information, except where required for the investigation or public safety.
8. No discriminatory treatment should be applied to anyone involved in the complaint, investigation, prosecution, trial, or provision of assistance during the sexual harassment case.

Personnel involved in handling, investigating, and deciding on sexual harassment cases must maintain confidentiality regarding the details of the complaint. Any violation of this confidentiality will result in the termination of their participation by the Chairperson of the Sexual Harassment Complaint Handling Committee. The company may also impose disciplinary actions and hold them accountable based on the severity of the breach, including the termination of their appointment or selection.

The Workplace Sexual Harassment Complaint Handling Committee must conclude the case within two months of the submission of the complaint. If necessary, an extension of one month may be granted, and the parties involved should be notified. The investigation results should be documented in a resolution with reasons provided, and may include recommendations for disciplinary actions or other handling measures.
The Complaint Handling Committee may only hold a meeting if more than half of the committee members are present, and a resolution can only be made with the consent of more than half of the attending members. In the event of a tie, the decision will be made by the chairman.
The decision of the Complaint Handling Committee should be communicated in writing to the complainant, the respondent, and the company/organization/government agency. It should indicate that if any party disagrees with the decision, they may file an appeal with the Complaint Handling Committee within 20 days from the day after the decision is delivered to the parties. If the grounds for the appeal arise or are known later, the 20-day period will start from the time of knowledge.
An appeal must be accompanied by a written explanation. The Complaint Handling Committee will convene another meeting to deliberate on the appeal. Once the case is concluded, no further appeals may be made on the same grounds.

The following circumstances may lead to an appeal against the decision of the Workplace Sexual Harassment Complaint Handling Committee:
1. The decision contradicts the reasons stated.
2. The organization of the Complaint Handling Committee is unlawful.
3. A committee member who should have recused themselves as per Article 15 of the Sexual Harassment Prevention Guidelines participated in the decision.
4. A committee member involved in the decision has been convicted of a criminal offense related to the case.
5. A witness or expert has provided false testimony or statements that were used as evidence in the decision.
6. Evidence used in the decision was forged or altered.
7. A civil, criminal, or administrative ruling or administrative action used as the basis for the decision has been overturned by a later final ruling or action.
8. Evidence that should have been considered was omitted or improperly excluded.
9. Important evidence that could have affected the decision was not considered.

If the sexual harassment behavior is found to be true after investigation, the company may, depending on the severity, take measures such as reassignment, demotion, salary reduction, discipline, or other actions in accordance with the work rules and relevant regulations. If criminal responsibility is involved, the company should assist the complainant in filing a complaint.If the sexual harassment accusation is proven to be false, the company may, depending on the severity of the case, impose appropriate discipline or actions on the complainant in accordance with the work rules and relevant regulations.

The company shall implement tracking, assessment, and supervision of the decisions made by the workplace sexual harassment complaint handling committee to ensure that disciplinary or corrective actions are effectively executed. Additionally, measures should be taken to prevent the recurrence of similar incidents or retaliation.

If the parties involved require counseling, medical, or legal assistance, the company may proactively refer them to or provide access to professional counseling, medical institutions, or legal assistance.

The company will not dismiss, transfer, or impose any other unfavorable treatment on individuals for filing a complaint or assisting others in filing a complaint.

If the perpetrator of sexual harassment is not an employee of the company, the company shall provide the necessary protection in accordance with these regulations.

Any matters not covered by these regulations shall be handled in accordance with the Gender Equality in Employment Act. If any provisions of these regulations contradict the Gender Equality in Employment Act, the conflicting provisions shall be deemed invalid.

These regulations shall be implemented after being approved and published by the company, and the same shall apply to any amendments.