Under this provision, when may the Minister of Gender Equality and Family publish the list of employers who failed to meet the active employment improvement standards?
General information · Not legal advice
Material to check
In a practice file we read the records showing the employer fell below the standards for the run of consecutive shortfalls the provision requires before the criteria date, the compliance order issued to the employer and its proof of service, and any record of the employer's death or the enterprise's dissolution.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes every condition as cumulative: the Minister may publish the list only where the employer fell below the standards set for the consecutive shortfalls the provision requires before the publication criteria date, and that employer received a compliance order and did not follow it.
Another reading stresses that publication is discretionary, expressed as 'may publish', and that the specific criteria, content and method are left to Presidential Decree, so the provision itself does not settle how the consecutive shortfalls are counted or what non-compliance with the order must look like.
Your judgment
When the file shows a compliance order was issued but the employer argues its conduct amounted to compliance, what record would show whether the order was in fact followed?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision or the Presidential Decree is amended to change how the consecutive shortfalls are counted or what counts as failing to follow the compliance order, or if a court decision limits publication where the enterprise's dissolution is disputed.