Interpretation on Article 5, Paragraph 2, Subparagraph 6 of the Employment Service Law (Taiwan)

2019.3.21
Tiffany Hsiao

The Ministry of Labor issued the Lao-Dong-Fa-Jiu-10805036151 Circular of March 21, 2019 (hereinafter, the “Circular”) to interpret Article 5, Paragraph 2, Subparagraph 6 of the Employment Service Law.

Article 5, Paragraph 2, Subparagraph 6 of the Employment Service Law provides: “When recruiting or employing employee(s), employer shall not engage in any of the following acts: …(6) Providing a vacancy whose regular salary does not reach NT$40,000 without publicly disclosing or informing the salary range.”

According to this Circular, “publicly disclosing or informing the salary range” under Article 5, Paragraph 2, Subparagraph 6 of the Employment Service Law mentioned above shall mean that an employer recruiting employees is required to inform the job applicants of the minimum regular salary for such vacancy before they apply and shall do so by disclosing the range, fixed or minimum amount.  This requirement went into effect immediately.