Employment Law

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August 2018

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)

August 2018

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)

August 2018

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)

July 2018

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)

May 2018

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

May 2018

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)

April 2018

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

April 2018

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

April 2018

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)

April 2018

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)
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