Employment Related 彙整 - Lee, Tsai & Partners

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 […]

2017 年 8 月 8 日

The Ministry of Labor explained the requirement that there should be at least one regular holiday in a week as well as the principle and exceptions concerning the requirement that workers should not work continuously for over six days(Taiwan)

2016.09.10 Melanie Lo The Ministry of Labor issued the Lao-Dong-Three-1050132134 Circular of September 10, 2016 (hereinafter, the “Circular”) to interpret the provisions of Article 36 of the Labor Standards Law, which provides that there shall be at least a regular […]

2017 年 8 月 8 日

Workers who unilaterally extend working hours without their employer’s approval shall not claim overtime payment from their employer(Taiwan)

2016.07.26 Teresa Huang The Taiwan High Court rendered the 105-Lao-Shang-Yi-16 Civil Decision of July 26, 2016 (hereinafter, the “Decision”), holding that workers who unilaterally extend working hours without their employer’s approval shall not claim overtime payment from their employer. According […]

2017 年 8 月 8 日

The statute of limitation for claiming overtime pay for unutilized leave by janitors of administrative agencies and public schools is five years (Taiwan)

2016.08.31 Melanie Lo The Directorate General of Personnel Administration issued the Zhong-Chu-Zhu-10500522502 Circular of August 31, 2016 (hereinafter, the “Circular”) to communicate that the statute of limitation for claiming overtime pay for unutilized leave by janitors (including technicians and drivers) […]

2017 年 8 月 8 日

Article 12 of the Act for Worker Protection of Mass Redundancy prohibits the chairman and actual responsible person of a business organization that has undermined the rights and interests of workers in material aspects through mass redundancy from leaving this country in order to arrive at a solution(Taiwan)

2016.08.05 Oli Wong The Financial Supervisory Commission issued the Jin-Guan-Zheng-10500278285 Circular of August 5, 2016 (hereinafter, the “Circular”) to indicate that securities firms are required to set aside a special reserve to address the transitional needs of their employees to […]

2017 年 8 月 8 日

The amendment of Gender Equality in Employment Law cleared through three readings in the Legislative Yuan(Taiwan)

Melanie Lo The Legislative Yuan adopted the Gender Equality in Employment Law (hereinafter, the “Law”) during the 11st Meeting of the 1st Session of the 9th Term on May 3, 2016.The amendments are highlighted below: 1. Article 18, Paragraph 1 […]

2017 年 8 月 8 日

According to a circular from the Ministry of Labor, if a female worker indeed has no need to take care of and feed her baby with mother milk or cow milk in person at night, she may engage in night-time work in accordance with Article 49, Paragraph 1 of the Labor Standards Law after personally signing a supporting document (Taiwan)

Angela Wu The Ministry of Labor promulgated the Lao-Dong-Tiao-2-1050130327 Circular of March 8, 2016 to communicate that if a female worker indeed has no need to take care of and feed her baby with mother milk or cow milk in […]

2017 年 8 月 8 日

An unemployed worker or a worker on unpaid paternal leave who serves concurrently as the legal representative of a non-profit seeking enterprise may still claim unemployment benefits or allowances for unpaid paternal leave(Taiwan)

Jonathan Chao The Ministry of Labor issued the Lao-Dong-Bao-1-1050140035 Circular of January 21, 2016 (hereinafter, the “Circular”) to communicate that when an insured also serves as the representative of another organization when he or she is unemployed or on unpaid […]

2017 年 8 月 8 日

The Labor Standards Law was amended pursuant to a presidential decree. (Taiwan)

2016.12.21 Melanie Lo The President promulgated the amendments to Articles 23, 24, 30-1, 36-39, 74 and 79 of the Labor Standards Law (hereinafter, the “Law”), which came into effect on the date of promulgation, by the Hua-Zhong-One-Yi-10500157731 Decree of December […]

2017 年 8 月 8 日

The Ministry of Labor issued a circular to interpret the requirement for parental leave without pay under Article 16 of the Gender Equality in Employment Law(Taiwan)

2016.11.08 Jenny Chen The Ministry of Labor issued the Lao-Dong-Four-1050132607 Circular of November 8, 2016 (hereinafter, the “Circular”) to interpret the requirement for parental leave without pay under Article 16 of the Gender Equality in Employment Law (hereinafter, the “Law). […]

2017 年 8 月 8 日

Relevant labor pension provisions are amended(Taiwan)

2016.11.16 Melanie Lo The President promulgated Articles 5, 24, 46 and 48, as amended, of the Labor Pension Statute (hereinafter, the “Statute”) via the President-Hua-Zhong-One-Yi No. 10500140121 Directive of November 16, 2016. The amendments are highlighted below: 1. Modification of […]

2017 年 8 月 8 日

The Enforcement Rules of the Labor Standards Law were amended to clarify the provisions of the non-compete clause between an employer and an employee after employment is terminated(Taiwan)

2016.10.07 Tiffany Wu The Ministry of Labor promulgated Articles 7-1, 7-2 and 7-3 as added to the Enforcement Rules of the Labor Standards Law (hereinafter, the “Enforcement Rules”) via the MOL-Lao-Dong-Guan-Two-1050127775 Directive of October 7, 2016 to clarify the provisions […]

2017 年 8 月 8 日

If there is any factual proof that a retired mentally or physically handicapped individual is hired, such individual may be included in the number of mentally or physically handicapped employees as hired(Taiwan)

2016.10.13 Jenny Chen Article 38, Paragraph 3 of the Law for Protecting the Rights and Interests of the Mentally or Physically Disabled stipulates the method for calculating the number of the mentally or physically handicapped employees that shall be hired […]

2017 年 8 月 8 日

Beginning with November 5, 2016, foreign workers are not required to exit this country after working in Taiwan for three years(Taiwan)

2016.10.21 Melanie Lo The President promulgated Article 52 as amended of the Employment Service Law via the Hua-Zhong-One-Yi-10500136341 of November 3, 2016 to abolish the requirement that foreign workers whose term of work in Taiwan expires shall leave the country […]

2017 年 8 月 8 日

The Ministry of Labor announced the amended minimum wage(Taiwan)

2016.09.19 Emily Chueh The Ministry of Labor announced the amended minimum wage via the Lao-Dong-Two-1050132177 Circular of September 19, 2016 (hereinafter, the “Circular”). Article 21, Paragraph 1 of the Labor Standards Law provides: “The wages shall be negotiated between the […]

2017 年 8 月 8 日

Wage negotiation should include the social security cost which should be assumed by the enterprise owner, and unless such cost is specifically excluded by contract, the contract construction principle that such payment is also covered by wages should be followed(Taiwan)

2016.12.15 Melanie Lo The Supreme Administrative Court rendered the 105-Pan-678 Decision of December 15, 2016 (hereinafter, the “Decision”), holding that wage negotiation should include the social security cost which should be assumed by the enterprise owner, and unless such cost […]

2017 年 8 月 8 日

The Ministry of Labor revised relevant rules to specifically require that annuity insurance shall stipulate the manners in which workers receive annuity payout(Taiwan)

2017.01.05 Tiffany Wu On January 5, 2017, the Ministry of Labor amended Articles 2, 12-1, 32, 34 and 44 of the Enforcement Rules of the Labor Pension Act, deleted Article 48 via the Lao-Dong-Fu-3-1050136597 Directive and amended Article 42 of […]

2017 年 7 月 31 日

The Ministry of Labor promulgated rules to enhance the confidentiality of informants in reported labor cases(Taiwan)

2017.5.15 Melanie Lo The Ministry of Labor promulgated the Rules for the Confidentiality and Handling of Reported Cases under the Labor Standards Law (hereinafter, the “Rules”) via the MOL-Lao-Dong-One-1060130982 Directive of May 15, 2017. Consisting of 9 articles, the Rules […]

2017 年 7 月 31 日

The Ministry of Labor amended the Enforcement Rules of the Labor Standards Act(Taiwan)

2017.6.16 Debby Yu To accommodate the Partial Amendments to the Labor Standards Act, which were promulgated by the President on December 21, 2016, the Ministry of Labor promulgated Articles 2, 7, 11, 20, 20-1, 21 and 24 of the Enforcement […]

2017 年 6 月 30 日

The impairment of the citizens’ employment opportunities under the Employment Service Law means that an employer who lays off local workers and hires foreign nationals fails to inquire about the willingness of the laid-off workers to engage in the work assigned to such foreign nationals or refuses to employ willing workers after such inquiry(Taiwan)

2017.3.30 Teresa Huang The Taipei High Administrative Court rendered the 105-Su-1634 Decision of March 30, 2017 (hereinafter, the “Decision”), holding that the impairment of the citizens’ employment opportunities under the Employment Service Law means that an employer who lays off […]

2017 年 6 月 30 日

After an employer obtains a worker’s consent to work on a rest day, if the worker fails to provide the service for personal reasons, the overtime hours may be calculated based on the actual hours of services (Taiwan)

2017.5.3 Debby Yu The Ministry of Labor issued the Lao-Dong-Tiao-3-106130987 Circular of May 3, 2017 (hereinafter, the “Circular”) to communicate that the work hours of workers whose consent to work on rest days is obtained by the employer should basically […]

2017 年 6 月 30 日

After an employer obtains the consent of workers to work during their rest days, the workers may choose to take supplemental leave as negotiated between the employer and the workers(Taiwan)

2017.5.3 Melanie Lo The Ministry of Labor issued the Lao-Dong-2-1060130937 Circular of May 3, 2017 (hereinafter, the “Circular”) to communicate that after an employer obtains the consent of workers to work during their rest days, the workers may choose to […]

2017 年 5 月 31 日

If a worker is seconded from the original business organization to an affiliated enterprise on the basis of temporary transfer, the employment relationship exists between the original business organization and the worker(Taiwan)

2017.2.15 Melanie Lo The Supreme Court rendered the 106-Tai-Shang-156 Civil Decision of February 15, 2017 (hereinafter, the “Decision”), holding that if a worker is seconded from the original business organization to an affiliated enterprise on the basis of temporary transfer, […]

2017 年 5 月 31 日

The Ministry of Labor pointed out that a rest day shall not be implemented as two half days(Taiwan)

2017.3.24 Debby Yu To accommodate the implementation of ” 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.”, under Paragraph 1 of Article 36 […]

2017 年 4 月 30 日

If a worker agrees to work on a rest day but such work is not performed for certain reasons, the wage for the time slot when leave is taken should be calculated on a multiplied basis(Taiwan)

2017.2.7 Melanie Lo The Ministry of Labor issued the Lao-Dong-2-1050133150 Circular of February 7, 2017 (hereinafter, the “Circular”) to communicate that If a worker agrees to work on a rest day but such work is not performed for certain reasons, […]