Employment Law 彙整 - Page 3 of 4

2019 年 1 月 31 日

Presidential Directive to Amend the Employment Service Act (Taiwan)

2018.11.28 Sophia Tsai The President promulgated Articles 5, 24, 40, 46, 54, 56, 65-68 and 70 of the Employment Service Act (hereinafter, the “Act”) as amended via the Hua-Zhong-One-Yi-10700128031 Directive of November 28, 2018. The amendments are highlighted below: 1. […]

2018 年 12 月 31 日

When notifying employees of their termination, the employer is obligated to specifically communicate the reasons of termination and shall not subsequently change or add termination reasons at will or change or add the reasons in the course of litigation (Taiwan)

2018.10.2 Sophia Tsai The Taiwan High Court rendered the 107-Lao-Shang-69 Civil Decision of October 2, 2018 (hereinafter, the “Decision”), holding that when notifying employees of their termination, the employer is obligated to specifically communicate the reasons of termination and shall […]

2018 年 12 月 31 日

When a company suspends its business operation due to financial difficulties with outstanding severance pays, pensions and wages for untaken special leave owed to the employees, it is not true that the company’s representative and the company shall be jointly and severally liable (Taiwan)

2018.8.21 Teresa Huang The Taiwan High Court rendered the 107-Lao-Shang-Yi-23 Civil Decision of August 21, 2018 (hereinafter, the “Decision”), holding that when a company suspends its business operation due to financial difficulties with outstanding severance pays, pensions and wages for […]

2018 年 10 月 31 日

Since labor insurance payment received by workers due to occupational accidents and the right to claim damages from wrongdoers due to an act of tort are not derived from the same reasons, there is no issue of profit and loss offset (Taiwan)

2018.6.29 Jonathan Chao The Supreme Court rendered the 106-Tai-Shang-2031 Civil Decision of June 29, 2018 (hereinafter, the “Decision”), holding that since labor insurance payment received by workers due to occupational accidents and the right to claim damages from wrongdoers due […]

2018 年 10 月 31 日

Parents who are both insured under employment insurance and who raise at least two children under the age of three may concurrently receive parental leave allowances if they concurrently apply for unpaid parental leave in accordance with the Act of Gender Equality in Employment (Taiwan)

2018.8.8 Tiffany Hsiao The Ministry of Labor issued the Lao-Dong-Bao-One-1070140346 Circular of August 8, 2018 (hereinafter, the “Circular”) to communicate that parents who are both insured under employment insurance and who raise at least two children under the age of […]

2018 年 8 月 31 日

Wages commuted pursuant to law for workers who have extended their work hours or have not taken supplemental leave after working on their rest days are included in the average wage if the extend work hours or rest days take place within six months prior to the day when the reasons of calculation occurs (Taiwan)

2018.6.21 Sophia Tsai The Ministry of Labor issued the Lao-Dong-Tiao-Two-1070130882 Circular of June 21, 2018 (hereinafter, the “Circular”), pointing out that the wages commuted pursuant to law for workers who have extended their work hours or have not taken supplemental […]

2018 年 8 月 31 日

Interpretation of the circumstances where “the switch is not attributable to the employer” under the proviso of Article 14-7, Paragraph 1, Subparagraph 4 of the Qualifications and Review Standards for Foreign Nationals Engaging in Work under Article 46, Paragraph 1, Subparagraphs 8 Through 11 of the Employment Service Act (Taiwan)

2018.6.13 Jonathan Chao The Ministry of Labor issued the Lao-Dong-Fa-Guan-10705062081 Circular of June 13, 2018 (hereinafter, the “Circular”) to interpret the compliance with the circumstance where “the switch is not attributable to the employer” under the proviso of Article 14-7, […]

2018 年 8 月 31 日

The prohibition of “harboring foreign nationals for the purpose of work” under Article 44 of the Employment Service Law does not include the behavior of providing services between friends and relatives out of kindness and benevolence or based on relationship involving no compensation or consideration (Taiwan)

2018.4.30 Teresa Huang The Taipei District Court of Taiwan rendered the 106-Jian-291 Administrative Decision of April 30, 2018 (hereinafter, the “Decision”), holding that the prohibition of “harboring foreign nationals for the purpose of work” under Article 44 of the Employment […]

2018 年 8 月 31 日

Since the right of a worker to claim a pension cannot be exercised before a labor contract is terminated, a voluntary reduction of the pension amount or waiver of the claim, which is not a disposal of existing rights, is certainly invalid for violation of mandatory provisions (Taiwan)

2018.4.25 Jenny Chen The Supreme Court rendered the 106-Tai-Shang-2733 Civil Decision of April 25, 2018 (hereinafter, the “Decision”), holding that since the right of a worker to claim a pension cannot be exercised before a labor contract is terminated, a […]

2018 年 7 月 31 日

Regarding the circumstances where a foreign national who is employed has been absent from work and out of contact for three consecutive days, a circular was issued to interpret the handling principle that the employer shall notify the local competent authority, entry/exit authority, police authority and the Ministry of Labor in writing within three days (Taiwan)

2018.6.4 Debby Yu The Ministry of Labor issued the Lao-Dong-Fa-Guan-Zi 1070506159 Circular of June 4, 2018 (hereinafter, the “Circular”) to communicate that under Articles 56, Subparagraph 3 of Article 73 and Paragraph 1 of Article 74 of the Employment Service […]

2018 年 5 月 31 日

The Ministry of Labor issued clarifications on questions concerning whether wages for unused special leave days which are deferred should be included in the calculation of average wages (Taiwan)

2018.4.11 Debby Yu The Ministry of Labor issued the Lao-Dong-Tiao-Two-Zi-1070130350 Circular of April 11, 2018 (hereinafter, the “Circular”) to clarify questions concerning whether unused special leave days which are deferred should be included in the calculation of average wages. Article […]

2018 年 5 月 31 日

Amendments to the Guiding Principles for the Rights and Interests of Dispatched Workers (Taiwan)

The Ministry of Labor amended the Guiding Principles for the Rights and Interests of Dispatched Workers (hereinafter, the “Principles”) via the Lao-Dong-Guan-Two-1070125576 Circular of March 9, 2018. The amendments are highlighted as follows: 1. To ensure the freedom of employment […]

2018 年 4 月 27 日

The Ministry of Labor announced the Designated Industries under Article 36, Paragraph 4 of the Labor Standards Act (Taiwan)

2018.2.27 Debby Yu The Ministry of Labor promulgated the Designated Industries under Article 36, Paragraph 4 of the Labor Standards Act, which came into effect on March 1, 2018, via the Lao-Dong-Tiao-Three-Zi-1070130320 Circular of February 27, 2018. Article 36, Paragraph […]

2018 年 4 月 26 日

The Ministry of Labor promulgated the Application Scope of the Proviso in Article 34, Paragraph 2 of the Labor Standards Act (Taiwan)

2018.2.27 Jonathan Chao The Ministry of Labor promulgated the Application Scope of the Proviso in Article 34, Paragraph 2 of the Labor Standards Act, which came into effect on March 1, 2018, via Lao-Dong-Tiao-Three-1070130305 Directive of February 27, 2018. Under […]

2018 年 4 月 26 日

With respect employees transferred between different affiliated enterprises, the Ministry of Labor provided an explanation concerning the years in service of the employees holding positions in different business entities which are incorporated pursuant to preferential retirement rules formulated by a business entity as well as the utilization of a labor pension reserve to pay pension (Taiwan)

2018.2.21 Sophia Tsai The Ministry of Labor issued the Lao-Dong-Fu-Three-1070135081 Circular of February 21, 2018 (hereinafter, the “Circular”) to communicate an explanation about a business entity’s formulation of preferential retirement rules to incorporate the years in services of employees who […]

2018 年 4 月 26 日

In case two foreign companies engage in mergers and acquisitions overseas, the remainder of the labor pension reserve of their two branch offices in Taiwan may be transferred to the surviving or new company pursuant to the agreement between the new and old employers after payment is made out of the pension reserve to employees who are not retained (Taiwan)

2018.2.14 Jenny Chen The Ministry of Labor issued the Lao-Dong-Fu-Three-1060136515 Circular of February 14, 2018 (hereinafter, the “Circular”), holding that in case two foreign companies engage in mergers and acquisitions overseas, the remainder of the labor pension reserve of their […]

2018 年 4 月 26 日

If employees raise twin (multiple birth) children, they may still apply for leave without pay even if their spouses are not employed (Taiwan)

2018.2.12 Teresa Huang The Ministry of Labor issued the Lao-Dong-Tiao-Four-1070130162 Circular of February 12, 2018 (hereinafter, the “Circular”) to communicate that if employees raise twin (multiple birth) children and need to take care of them personally, they may still apply […]

2018 年 3 月 31 日

The Labor Standards Act was amended with additional flexibilities in terms of the overtime work hours limit, rest time between shifts and one day off every seven days (Taiwan)

2018.1.31 Debby Yu The President promulgated Articles 24, 32, 34, 36-38 and 86 of the Labor Standards Act (hereinafter, the “Act”)as amended and the addition of Article 32-1 of the Act via the President-Hua-Zhong-One-Yi-Zi-10700009781 Directive of January 31, 2018. The […]

2018 年 2 月 28 日

Since the work nature of resident surgeons is different from that of ordinary workers, their reasonable work hours should be assessed in reference tothe nature of their work (Taiwan)

2017.11.30 Debby Yu The Supreme Court rendered the 106-Tai-Shang-Zi-15 Civil Decision of November 30, 2017 (hereinafter, the “Decision”), holding that since the work nature of resident surgeons is different from that of ordinary workers, their reasonable work hours should be […]

2018 年 2 月 28 日

If the voting date of a recall is originally a work day, a holiday should be granted; and if an employer obtains a worker’s consent to work on that day, the wage for the work time should be additionally paid without affecting the voting by the worker (Taiwan)

2017.12.11 Sophia Tsai The Ministry of Labor issued the Lao-Dong-Tiao-2-1060132365 Circular of December 11, 2017 (hereinafter, the “Circular”) to communicate that if the voting date of a recall is originally a work day, a holiday should be granted; and if […]

2018 年 2 月 28 日

Application for old-age benefit under labor insurance is an actus solemnis in writing; and if an application made by the insured has indicated the selected benefit items, an approval should be made based on what the application shows (Taiwan)

2017.11.22 Emily Chueh The Supreme Administrative Court rendered the 106-Pan-648 Decision of November 22, 2017 (hereinafter, the “Decision”), holding that application for old-age benefit under labor insurance is an actus solemnis in writing; and if an application made by the […]

2018 年 1 月 31 日

The criteria for paying labor pension out of a labor pension reserve when there is no worker of a business entity to whom the pension system under the Labor Standards Act applies to serve as the deputy chairperson of the supervisory committee of the workers’ retirement reserve fund of such business entity (Taiwan)

2017.12.1 Jonathan Chao The Ministry of Labor issued the Lao-Dong-Fu-Three-1060136338 Circular on December 1, 2017 (hereinafter, the “Circular”) to interpret how to pay a labor pension out of a labor pension reserve when there is no worker of a business […]

2018 年 1 月 31 日

If the employer and employees have tacit agreement on the job location, negotiation between them is still required even if it is necessary to relocate the facility (Taiwan)

2017.11.14 Melanie Lo The Taiwan High Court rendered the 106-Lao-Shang-47 Civil Decision of November 14, 2017 (hereinafter, the “Decision”), holding that if the employer and employees have tacit agreement on the job location, negotiation between them is still required even […]

2017 年 12 月 31 日

The Law for the Recruitment and Employment of Foreign Professionals was enacted to regulate the system of recruiting foreign professionals (Taiwan)

2017.10.31 Melanie Lo The Legislative Yuan adopted the Law for the Recruitment and Employment of Foreign Professionals (hereinafter, the “Law”) during the 6th Meeting of the 4th Session of the 9th Term on October 31, 2017 in order to enhance […]

2017 年 11 月 30 日

If the location where a worker’s negligence has resulted in the injury of another person is not a workplace designated by the employer, the duty of caution cannot be imposed on the employer(Taiwan)

2017.8.22 Melanie Lo The Taiwan High Court rendered the 106-Jiao-Shang-Yi-208 Criminal Decision of August 22, 2017 (hereinafter, the “Decision”), holding that if the location where a worker’s negligence has resulted in the injury of another person is not a workplace […]

2017 年 10 月 31 日

The Ministry of Labor formulated the Common Principles for Penalties Against Violations of the Labor Standards Law(Taiwan)

2017.8.22 Melanie Lo The Ministry of Labor prescribed the Common Principles for Penalties Against Violations of the Labor Standards Law (hereinafter, the “Principles”), which consists of six points, via the MOL-Lao-Dong-One-1060131704 Circular of August 22, 2017. The Principles came into […]

2017 年 10 月 31 日

Beginning with 2018, the minimum hourly wage will be NT$140 and the minimum monthly wage will be NT$22,000 (Taiwan)

2017.9.6 Debby Yu Article 21, Paragraph 1 of the Labor Standards Law provides: “The wages shall be negotiated between the employer and employer, provided that they shall not fall below the minimum wage.” This provision seeks to protect the minimum […]

2017 年 9 月 30 日

The Ministry of Labor requires that when a worker is requested to work on a rest day under Article 36 of the Labor Standards Act, if the work is discontinued due to a natural disaster, the wage for that day shall still be paid pursuant to the provision concerning overtime pay for rest days(Taiwan)

2017.7.28 Debby Yu The Ministry of Labor issued the Lao-Dong-Tiao-2-1060131624 Circular of July 28, 2017 (hereinafter, the “Circular”) to explain about the calculation of wages and work hours for a worker agreeing to work on a rest day under Article […]

2017 年 9 月 30 日

Since wages converted from untaken special leave upon termination of the contract are income after the termination of the contract, it is permissible not to include them in the calculation of the average wage(Taiwan)

2017.7.12 Melanie Lo The Ministry of Labor issued the Lao-Dong-2-1060131476 Circular of July 12, 2017 (hereinafter, the “Circular”) to communicate that since wages converted from untaken special leave upon termination of the contract are income after the termination of the […]

2017 年 8 月 31 日

The Ministry of Labor increased new sectors governed by four-week and eight-week flexible work hours(Taiwan)

2017.6.16 Debby Yu Flexible work hours mean that subject to the consent of the labor union or, in the absence of a labor union for a business organization, to an agreement reached in a management-employee conference and within a specific […]