There are a number of different laws related to working in Taiwan. If you're planning to work here, or you do work here, you should know your rights and responsibilities. Familiarize yourself with the following regulations (important articles are summarized here below; all links open in new windows):
Employment Service Act
- Articles 43, 48: Foreigners need a work permit, unless married to ROC national or doing short-term lectures/research.
- Article 46: Foreigners may do technical/specialized work, direct/manage a business, teach (public/private school or cram school), coach a sports team, religious/artistic work, crew on a ship, fishing, household assistant/nursing, other work with special permission.
- Article 50: Full-time degree-seeking students are not restricted by the above categories of work, but may not work more than 16 hours per week during the school semester.
Qualifications and Criteria Standards
- Articles 4, 5: Technical/specialized work is defined as: Engineering, architecture, communications, transportation, tax and finance, real estate, immigration services, law practice, technician, health care, environmental protection, sports, culture, recreation, academic research, veterinarian, manufacturing, wholesale, other (with permission). Certification may be required for some fields, and all technical/specialized workers require either: 1) Bachelor's + 2 years experience or 2) Master's or 3) 5 years experience in a specific field
- Articles 40, 41, 42: Teachers at public or private schools need teaching certificates from their home countries, while the minimum qualification for cram schools is: a) 20 years old, b) graduated from two-year college with TEFL certificate OR Bachelor's degree, c) the language taught is the official language of the teacher's country (passport).
Labor Standards Act
- Article 11, 12: An employer can be terminated if they are unable to perform satisfactorily, misrepresent any fact at the time of signing, commit a crime, or are absent for 3 consecutive days without notice.
- Article 14: An employee can terminate a contract if the employer misrepresented any fact at the time of signing, where the work is dangerous, if the employer fails to pay on time, or if the employer breaches the contract.
- Article 16: The employer must give notice before termination - 10 days for workers less than a year on the job, 20 days for 1-3 years, 30 days for more than 3 years. If an employer gives notice, they must give up to 2 days off per week (paid) for the employee to look for other work. Employees must give the same notice before quitting, but note that this does not apply to fixed-term contracts (which all foreign labor contracts are).
- Article 24: Less than 2 hours overtime should be paid at time plus one-third, hours 2-4 of overtime should be paid at time plus two-thirds, beyond that is double pay (based on a standard work day of 8 hours).
- Articles 30, 31: The regular working time is up to 8 hours per day and 84 hours every two weeks, with at least one day off every seven days. Essentially, this means regular working hours could look like: 8 hours M-F and 4 hours (half day) every other Saturday.
- Articles 38, 39: Workers get 7 days paid leave per year after 1 year of work, 10 days after 3 years, 14 days after 5 years, and 1 day extra per year after 10 years (max. 30 days), but a worker should receive double pay if they consent to work on a day off (regular, holiday or paid leave day).
- Article 50: Maternity leave period is 8 weeks total (including before/after childbirth).
Labor Insurance Act
- Article 6: Foreigners employed in a company with more than 5 employees or public/private teachers who cannot join the civil servant insurance program must be enrolled in labor insurance.
Labor Pension Act
- Article 7: Foreigners married to ROC nationals may pay into the pension fund.