Labor Rights

ROC Labor Standards Law Concerning Wages, Hours, Leaves and Holidays

Wages

Wages shall be negotiated by the employer and the employee but must be higher than the minimum wage, and shall be paid in the form of a currency and paid directly to the employee.

Working Hours

The employer and the employee shall negotiate working hours. For those professions governed by the Labor Standards Law, a worker’s regular working hours should not exceed eight hours a day and the total working hours should not be more than 40 hours per week from 01/01/2016. The Law shall apply to overtime pay.
There shall be at least a 30-minute rest period after each 4 hours of consecutive work. For those in shift work or who have an emergency situation, the employer must give additional rest periods during the work day.

Holiday

A worker shall have two regular days off every seven days. One day is a regular leave and the other one is a rest day. There shall be exceptions when there are acts of God, accidents or emergencies. After the completion of one year’s work, there shall be at least seven additional days’ leave beginning from the second year.

Leave

Personal Leave: A personal leave may be taken when an individual has personal business to attend to. There may be no more than a total of 14 days of a personal leave in one year.
Sick Leave: Those needing bed rests due to illness may request a sick leave. There may be no more than a total of 30 days of sick leaves, except hospitalization.
Official sick leave: For a work-related injury that requires a bed rest, an official sick leave shall be granted.

Working Hours of Residence-worker

Ministry of Labor shall review each contract established between the employer and the employee for those employed as a household helper, to ensure that work hours, holidays and personal leaves are set forth in a fashion that does not damage the employee’s health and well-being.

Labor and Health Insurance

Foreign worker who bears an Alien Resident Certificate is required to have National Health Insurance.
Those foreign laborers employed by a business with more than five workers, must participate in the Labor Insurance Program through the business.
Foreign laborers hired as household helper shall have the option of joining the Labor Insurance Program.
The Labor Standards Law as well as Labor Insurance regulations shall govern all rights and responsibilities concerning the insurance of foreign laborers.

Laborer Welfare

All factories, mines in the public and private sectors, or other enterprise organizations with 50 employees or above, shall set-aside and allocate employees’ welfare funds, from the total amount of capitals at the time of establishment, the total monthly business incomes, the monthly salaries or wages of each staff member or workers, and selling of scraps at the time of each sale, to process and handle employees’ welfare businesses, all employee, including foreign workers should enjoy the welfare.
Those enterprise have not yet organize Employee Welfare Committee by law, also should have its own Employee Welfare Rule and foreign workers shall been notified by employer when sign the contract.

The Recruitment and Employment of Foreign Professionals

Act for the Recruitment and Employment of Foreign Professionals proposes to relax the regulations regarding visa, employment, stay and residence for foreign professionals; and to improve their treatment relating to insurance, tax, and retirement. The Act aims to build a friendly environment that attracts foreign professionals to come to work and live in Taiwan, so as to promote industrial upgrading and transformation, and enhance Taiwan’s international competitiveness.

Foreign professionals works in Taiwan shall apply to “The Employment Service Act” and “The Act for the Recruitment and Employment of Foreign Professionals”, and shall submit their application to the “Foreign professionals online application platform.”(The mentioned in Article 46.1.1 to 46.1.6 of Employment Services Act refers to the following work, Specialized or technical works, the Director or Manager of Business Invested by Overseas or Foreigners, Full-time Foreign Teacher in Cram school, Sports Coaching and Athlete, Arts and Performing Arts).

Procedures for Foreign Laborers upon Arrival in Taiwan

Regular Health Examination

Foreign laborers, upon arriving in Taiwan, should undergo medical examinations within three days after arrival and, the employer should arrange further medical examinations 30 days before or after 6 months, 18 months and 30 months of employment at any government accredited hospitals.
When foreign workers are reissued the employment permit because of changing employers or jobs, their employers shall arrange for them to undergo health examination within 7 days from the next day following employment if they have not undergone health examination for more than one year.

Notification of a foreign worker’s entry into the ROC

An employer or the commitioned private employment services institution shall notify, within three days after the foreign worker’s entry into the Republic of China, Taipei City Foreign and Disabled Labor Office with the form for notification of a foreign worker’s entry into the ROC.
Taipei City Foreign and Disabled Labor Office will conduct an inspection in conformity with the Foreign Worker’s Living Care Service Plan after issuing the certificate for receiving an employer’s notification of a foreign worker’s entry into the ROC.

Employment Certificate and Extension of Employment

After a foreign laborer has arrived in Taiwan, his/her employer must apply for a permit valid for up to a period of 3 years within 15 days.

Common sense for The Foreign Laborer

Employers shall have the necessary safety, health equipment and measures that comply with regulations which can protect workers’ safety, health and prevent occupational accidents

Employers shall provide laborers with all necessary safety, health education and the training of occupational safety and health, which the Foreign Labor have the duty to take

Work Disputes

Foreign workers may join the unions

Termination of Employment for Foreign Laborers

When business is in recession and the employer is downsizing staff, bankruptcy or sell-out, etc. However, there must be prior notification and payment of severance pay
When the laborer is at fault and the offense is one recognized by the Labor Standards Law; however, the employer may not terminate employment without prior notification or payment of severance pay
When the employer is at fault and the offense is one recognized by the Labor Standards Law, the employee may terminate the contract without prior notification and may request severance pay

Foreign laborers who leave their job at termination of their contract must return to their home country and may demand no extra compensation or severance pay

If the employer and foreign worker file the notification for the termination of employment and the worker intends to go abroad 14 days before the expiry date of his/her stay, it is required to notify Taipei City Foreign and Disabled Labor Office to verify confirmation and obtain a certificate of termination of employment

Each foreign laborer shall comply with his/her employer’s policies and the employment contract, as well as to be loyal to and honest with the employer

Compensation disputes involving foreign laborers shall be handled by the Department of Labor, according to existing laws. Assistance is available through the Taipei City Foreign and Disabled Labor Office (Tel: 02-2338-1600)

Sexual Harassment Prevention

The Determination of Sexual Harassment

In the course of an employee executing his or her employment 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 as hostile, intimidating and offensive working environment and infringes on or interferes with his or her personal dignity, physical liberty or affects his or her job performance
An 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 sex discrimination as an exchange for the establishment, continuance, modification of a labor contract or as a condition to his or her placement, assignment, compensation, evaluation, promotion, demotion, award and discipline

The determination of sexual harassment referred to in Article 13 of the Gender Equality in Employment Act, an employer shall prevent and correct sexual harassment from occurrence. When an employer knows of the occurrence of sexual harassment mentioned in the preceding article, immediate and effective correctional and remedial measures shall be implemented. An employer who violates the provisions of Article 13, shall be punished by an administrative fine not less than, $100,000 yuan but not exceeding $500,000 yuan. The following behavior by an employer, employer’s family members or agent toward an employee may constitute sexual harassment and should be reported to the Department of Labor (Tel: 02-2338-1600). Investigation of each such report shall be handled confidentially and disposition shall be in accordance with the laws

Notice for Foreign Workers’ job application

Foreign Spouses of R.O.C. Nationals

For job application, foreign spouses of R.O.C. nationals shall present (1) identity card (original), (2) Alien Resident Certificate (original), and (3) original joint-family household registration data (ex: Copy of household register )

Foreign Students

For job application, foreign students shall present (1) Alien Resident Certificate (original), (2) Student ID (original), and (3) work permit (original)

Except during summer and winter vacations, foreign students with work permit shall work no more than twenty hours a week. The validity period of the work permit issued to a foreign student shall not exceed six months

Counseling Support

Bilingual foreign labor service staffs of Taipei City Foreign and Disabled Labor Office

Who can speak English, Filipino, Bahasa Indonesia, Vietnamese and Thai, are available to provide such as Labor laws and Regulations, registry of the foreign worker upon arrival, extensions, labor insurance, health insurance, termination notification and regulations for labor-management disputes and more.
Office hours: 8:30 am ~ 5:30 pm
For Bilingual Services:

English: (02)2338-1600, extention 4113, 4115, 4116
Bahasa Indonesia: (02)2302-6651
Filipino: (02)2302-6632
Thai: (02)2338-1600 extention4119
Vietnamese: (02)2302-6705

Fax No.: (02)2302-6623
Address: 4F., No.101, Bangka Blvd., Wanhua Dist., Taipei City 10851, Taiwan (R.O.C.)

1955 Consultation Hotline: Toll-free 24-hour service all year round

International Airport Office-Foreign Worker Service Center

Taoyuan International Airport Office
Phone Number: 886-3-398-9002
Kaohsiung International Airport Office
Phone Number: 886-7-803-6804, 886-7-803-6419

For more information:EZ WORK TAIWAN