Best Employment & Labor Lawyers in Taiwan

About Employment & Labor Law in Taiwan

Employment and labor law in Taiwan is governed primarily by the Labor Standards Act, which establishes the fundamental guidelines for labor practices and worker rights. Taiwan has a system that ensures protections for both employers and employees, including regulations on working hours, wages, health and safety, and dispute resolution. The labor market is dynamic, with policies that often reflect both local and international employment trends, aiming to balance economic growth with fair labor practices.

Why You May Need a Lawyer

Navigating employment and labor law in Taiwan can be complex, and individuals may require legal assistance in several situations. Common scenarios include disputes over wrongful termination, issues related to unpaid wages or severance pay, discrimination or harassment claims, and negotiating employment contracts. Employers might also seek legal advice to ensure compliance with labor laws, manage employee relations, or handle corporate restructuring. Lawyers specializing in employment and labor law can provide critical guidance and representation to assert and protect your rights.

Local Laws Overview

Taiwan's labor laws cover various aspects important to the employer-employee relationship. Key laws include:

• Labor Standards Act (LSA): Covers basic conditions such as working hours, leave entitlements, and overtime compensation.
• Occupational Safety and Health Act: Ensures workplace safety and health standards are upheld.
• Employment Service Act: Governs employment services and foreign worker employment.
• Gender Equality in Employment Act: Prohibits discrimination based on gender, including sexual harassment in the workplace.
• Labor Pension Act: Establishes mandatory retirement savings schemes for employees.

Frequently Asked Questions

How are working hours regulated in Taiwan?

In Taiwan, standard working hours are limited to 8 hours a day and 40 hours a week, with a mandatory rest day. Overtime work must be compensated according to law.

What is the process for reporting workplace harassment?

Victims of workplace harassment can report incidents to their employer's designated committee or labor inspection office. Employers are required to investigate and address complaints promptly.

How is severance pay calculated?

Severance pay is calculated based on the length of employment, generally one month’s average wage for each year of service. Specific rules may apply based on individual employment contracts and circumstances.

What rights do foreign workers have in Taiwan?

Foreign workers are protected under the same labor laws as local workers in Taiwan, with additional regulations concerning work permits and employment conditions under the Employment Service Act.

What should I know about employment contracts?

Employment contracts should clearly define terms of employment, job responsibilities, working hours, and compensation. Both parties should agree to and sign the contract before employment begins.

How can I resolve a labor dispute?

Labor disputes can be addressed through mediation or arbitration facilitated by the local labor department or by pursuing legal action through the court system if necessary.

Are there mandatory benefits employers must provide?

Yes, employers are required to provide benefits such as labor insurance, national health insurance, and a labor pension plan. Specific benefits may vary depending on the industry and employment contract.

What protection does the law offer against job discrimination?

The Gender Equality in Employment Act and related legislation prohibit discrimination based on factors like gender, age, religion, and disability.

Can an employer terminate an employee without cause?

No, employers must have legal grounds to terminate an employee, such as serious misconduct or redundancy, and must follow due process as outlined in the Labor Standards Act.

What should I do if my employer is not complying with labor laws?

If an employer does not comply with labor laws, employees can file a complaint with the local labor department or seek legal assistance for further action.

Additional Resources

If you are seeking more information on employment and labor law in Taiwan, the following resources may be helpful:

• Ministry of Labor (MOL): The central government body responsible for labor affairs and policy.
• Laws & Regulations Database of The Republic of China: Provides access to Taiwan's laws and regulations.
• Legal Aid Foundation: Offers legal assistance and services to those in need.

Next Steps

If you need legal assistance regarding employment and labor issues in Taiwan, consider the following steps:

• Compile all relevant documents and evidence related to your case.
• Consult with a lawyer specializing in employment and labor law to evaluate your situation.
• Contact the local labor department for guidance on filing complaints or disputes.
• Consider mediation or arbitration as an alternative to litigation.

Taking these steps can help ensure that your rights are protected and that you receive appropriate support in resolving labor-related issues.