laborrights

Labor Rights

ROC Labor Standards Law Concerning Wages, Hours, Leaves and Holidays
Wages
Wages
Wages shall be negotiated by the employer and the employee but shall not fall below the minimum wage, except for the foreign worker who has been employed to engage in work as referred to Art. 46.1 (8-11) of the Employment Service Act. Wages shall be paid in the statutory, circulating currency and fully directly to the employee. 
Working Hours
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.
 
Holiday
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 calamities, accidents or emergencies. After the completion of 6-month work, there shall be at least 3 additional days' leave beginning from the seventh month. After the completion of one year's work, there shall be at least seven additional days' leave beginning from the second year.
Leave
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.
household
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 or a nurse (specified under article 46.1.9 of the Employment Service Act), 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
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.
  • Employment Service Act as well as Labor Insurance regulations shall govern all rights and responsibilities concerning the insurance of foreign laborers.
Laborer Welfare
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 enterprises which have not yet organized Employee Welfare Committee by law also should have its own Employee Welfare Rule and the foreign workers shall be notified by their employers upon signing 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
Regular Health Examination
After the foreign workers enter the country, they should be arranged by their employer to go to the hospital designated by the central health authority for health examination within 3 days; if they fail to pass the examination, they must not apply for a work permit and must be arranged to go back to their country by their employer.
Within thirty days before or after the days of the 6, 18 and 30 months of work after entry, the employer shall arrange the foreign workers to go to the hospital designated by the central health authority for health examination; if they fail to pass the examination, Ministry of Labor may revoke the employment permission, and the employer shall promptly urge the foreign workers to return to their country. 
If a foreign worker changes employers or jobs and has not received a health examination for more than one year, the employer shall arrange for the foreign worker to go to the designated hospital for a health examination within 7 days from the effective date of the work permit.
entry ROC
Notification of a foreign worker’s entry into the ROC
  • An employer or the commissioned private employment services institution shall notify and register the address of their work place, 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 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.
  • After a foreign worker enters the country, he/she needs to reside in the approved address of the accommodation. If the employer changes the place of residence for the foreign worker (for example, if the caregiver moves with the patient, the institution changes the place of residence or the employer appoints the commissioned private employment services institution to arrange resettlement), within 7 days after the change, by the form of notification of a foreign worker's change of accommodation, it should be notified to the local competent authority of the original place of work and the original place of residence, and it should also be notified to the local competent authority of where he/she moves to. 

Get an ARC within the Time Limit

  • After a foreign worker enters R.O.C., the employer shall, within 15 days, attach a letter of work permit from the Ministry of Labor and a letter of approval for the health examination of the local health bureau, and apply to National immigration Agency for an ARC; for those foreigners who stay for more than 6 months, they should always carry ARC with them; those who have not yet obtained their ARC should carry their passport with them for inspection.
  • As to applying for an ARC, the foreign worker must go to National Immigration Agency in person.
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.
Safety and Health Knowledge for Foreign Workers
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
join the unions
Foreign workers may join the unions
disputes
Termination of Employment for Foreign Laborers hired in accordance with the Labor Standards Law must be enacted a result of one of the following circumstances (after prior notification and severance pay):
  • 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
go abroad
Foreign laborers who leave their job at the termination of their contract must return to their home country, if they cannot obtain an extension of their contract or cannot find a new employer.
If the employer and foreign laborers 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. If you need to obtain a certificate of termination of employment, you can apply for it at "Taipei City Government Citizen Services Platform". 
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
Labor Law disputes involving foreign laborers shall be handled by the Department of Labor, according to the existing laws. Assistance is available through the Labor Standards Division (Tel: (02)2720-8889). To apply for the mediation of the employment disputes, check the website https://bit.ly/2lED4Yq
Employment Service Act labor disputes involving foreign laborers (engaging in the jobs specified in Art., 46.1 (8-11) of the Employment Service Act) of the Employment Service Act) 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). To apply for the mediation of the employment disputes, check the website https://bit.ly/2JxxYsE
Sexual Harassment Prevention
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 between NT$100,000 and NT$500,000. Any questions pertaining to sexual harassment, you may call 1955, 1999 or 113 hotlines for your inquiry and professional answers. 
Notice for Foreign Workers’ job application
Alien Resident Certificate
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 spouses are not allowed to work before getting the Alien Resident Certificate.
 
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
 
Employer shall prepare and maintain workers record card (Article 7 of the Labor Standards Act) and notice the term (time limit) of foreign employees' work permits or Alien Resident Certificates.
Counseling Support
Bilingual foreign labor service staffs of Taipei City Foreign and Disabled Labor Office
Bilingual foreign labor service staffs of Taipei City Foreign and Disabled Labor Office

Taipei City Foreign and Disabled Labor Office: it provides Employment Service Act and relevant regulations, consultations, emergency cases, etc.
For Bilingual Services:

  • English: +886-2-2338-1600, ext. 4113, 4115, and 4116
  • Bahasa Indonesia: +886-2-2302-6651 ext. 4213,4214,4215,4216,4219
  • Filipino: +886-2-2302-6632 ext. 4208, 4217
  • Thai: +886-2-2338-1600 ext. 4221
  • Vietnamese: +886-2-2302-6705 ext. 4223

Fax No.: +886-2-2302-6623
Office hours: 9:00 am ~ 5:00 pm
Address: 4-5F., No.101, Bangka Blvd., Wanhua Dist., Taipei City 108220, Taiwan (R.O.C.)

1955 Consultation Hotline: Toll-free 24-hour service all year round
1955 Labor Consultation & Complaint Service Hotline: it provides 24-hour toll-free bilingual service, including consultations, complains, legal advice, the temporary shelter referrals, and translations, etc. 
International Airport Office-Foreign Worker Service Center
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

Consultation Hotlines of "Ministry of Labor":

  • Direct Hiring Service Center: +886-2-6613-0811 (dialing for questions about the employers' direct hiring of the foreign workers)
  • Workforce Development Agency, Ministry of Labor: +886-2-8995-6000 (dialing for questions about foreign workers' qualifications and work permits)
For more information:EZ WORK TAIWAN