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In case of any dispute over the type of labor contract, a determination should be made based on the main performance obligation under the contract and its actual performance status as well as the characteristics of the type it constitutes without being constrained by the name of the contract used by the parties (Taiwan)

January 2019

Presidential Directive to Amend the Employment Service Act (Taiwan)

January 2019

If a contract under which services are provided meets the criteria for subordination, it is still a labor contract under the Labor Standards Act even though it has characteristics of contractual or commissioned work (Taiwan)

December 2018

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)

December 2018

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)

October 2018

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)

October 2018

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)

August 2018

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)

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)

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Employment Law

Presidential Directive to Amend the Employment Service Act (Taiwan)

If a contract under which services are provided meets the criteria for subordination, it is still a labor contract under the Labor Standards Act even though it has characteristics of contractual or commissioned work (Taiwan)

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)

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)

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)

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)

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)

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Employment Law

Presidential Directive to Amend the Employment Service Act (Taiwan)

If a contract under which services are provided meets the criteria for subordination, it is still a labor contract under the Labor Standards Act even though it has characteristics of contractual or commissioned work (Taiwan)

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)

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)

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)

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)

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)

Categories

Recent Articles

Taiwan MOHW Announces Restrictions on Cross-Border Transfer of Personal Data to Mainland China, Hong Kong, and Macau by Western Pharmaceutical Wholesalers and Retailers

December 2025

An Overview of China’s Rare Earth Export Control Policies (Mainland China)

December 2025

Analysis of the Provisions on the Protection of Personal Information by Large Online Platforms (Draft for Comments) (Mainland China)

December 2025

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