Taiwan

Taiwan has a comprehensive system for resolving labor disputes, which primarily includes labor courts and arbitration panels.

Labor Courts in Taiwan

The labor court system in Taiwan is a three-tiered structure. The first line of adjudication for labor disputes is the District Courts. If a party is not satisfied with the decision of the District Court, they can appeal to the High Courts. The Supreme Court is the final court of appeal and is responsible for providing interpretations and establishing precedents in labor law.

Labor courts have a broad jurisdiction, covering a wide range of labor-related matters. These include disputes arising from employment contracts, labor union activities, occupational safety and health violations, and collective bargaining disagreements. The process in labor courts is adversarial, with the opposing parties presenting arguments and evidence before a judge. The burden of proof primarily rests on the party bringing the claim. Hearings generally follow formal legal procedures, and decisions of the District Courts can be appealed to the higher courts.

Labor Arbitration in Taiwan

In contrast to labor courts, labor arbitration in Taiwan involves independent arbitration committees. These committees are established at various levels depending on the nature of the dispute and can be formed at the municipal or industry level. The committees typically consist of representatives from labor, management, and neutral experts.

Labor arbitration primarily focuses on "disputes of interest", which involve the negotiation of new contract terms or disagreements related to collective bargaining agreements. The arbitration proceedings tend to be less formal than court proceedings and may involve an initial attempt to mediate a resolution agreeable to both parties. If mediation is unsuccessful, the arbitration panel will issue a decision that is generally binding on the parties involved.

Typical Cases Handled

Labor courts typically handle cases related to wrongful termination, unpaid wages and overtime, discrimination and harassment claims, and disputes over benefits and working conditions. On the other hand, labor arbitration is often used for negotiating wages, benefits, and working conditions in a new contract, interpretation of existing collective bargaining agreements, and disputes arising from plant closings or mass layoffs.

Compliance audits and inspections are vital tools for ensuring that businesses in Taiwan adhere to relevant laws and regulations. They play a crucial role in various areas such as labor standards, environmental regulations, taxation and finance, intellectual property, product safety and consumer protection, and industry-specific regulations.

Labor Standards

Audits in this area ensure compliance with the Labor Standards Act. This covers matters like minimum wage, working hours, overtime pay, occupational safety, and equal employment. The Ministry of Labor (MOL) and its local branches are responsible for labor inspections. These may be routine (e.g., annual inspections) or triggered by complaints or suspected violations.

Environmental Regulations

These audits ensure adherence to laws like the Environmental Impact Assessment Act and numerous waste management regulations. The Environmental Protection Administration (EPA) and local environmental bureaus carry out inspections and audits. The frequency varies depending on the industry's potential environmental impact and the company's past compliance record.

Taxation and Finance

These audits check that businesses comply with tax laws, accounting standards, and financial regulations. The Taxation Administration of the Ministry of Finance and other relevant regulatory bodies conduct them. They are routine audits for larger businesses or targeted audits based on flagged irregularities.

Other Areas

Compliance audits and inspections may also be conducted in areas such as intellectual property (patent, trademark, and copyright compliance), product safety and consumer protection, and industry-specific regulations.

Procedures

Audits and inspections can be scheduled, routine checks or initiated based on complaints, reported incidents, or risk assessments. Auditors typically start by reviewing company documents, permits, licenses, and records relevant to the area of compliance. This may involve physical inspections of facilities, equipment, and processes. Auditors can interview employees and stakeholders. They prepare a report detailing any findings of non-compliance and recommend corrective actions within specific timeframes.

Importance of Compliance

Ensuring compliance upholds legal standards, helps businesses operate fairly, protect workers' rights, safeguard the environment, and fulfill their ethical obligations. It also helps in avoiding penalties and litigation, maintaining reputation, and promoting fair competition.

Consequences of Non-Compliance

Non-compliance can result in fines and penalties. The specific penalties vary depending on the laws or regulations violated. It can also lead to operational disruptions, reputational damage, and legal liability. In cases of severe or repeated violations, businesses or their executives may face lawsuits or criminal prosecution.

In Taiwan, there are several channels available for reporting violations, depending on the nature of the misconduct.

Government Agencies and Hotlines

Many government agencies have dedicated hotlines or reporting systems. For instance, the Ministry of Justice, Agency Against Corruption (AAC) has an anti-corruption hotline for reporting bribery, embezzlement, and other forms of corruption by public officials. The Financial Supervisory Commission (FSC) has a hotline for reporting financial fraud and misconduct within the financial sector. The Control Yuan is an ombudsman agency that investigates complaints of government misconduct or maladministration.

Internal Company Reporting Systems

Many companies in Taiwan establish their own internal whistleblower mechanisms. These are often governed by specific company policies or, more broadly, by the Labor Standards Act.

Non-Governmental Organizations (NGOs)

NGOs dedicated to labor rights, environmental protection, and other areas may offer reporting channels and support to whistleblowers.

Protections for Whistleblowers

Taiwan has laws in place to protect whistleblowers from retaliation. The Whistleblower Protection Act provides general protection for whistleblowers reporting misconduct in both the public and private sectors. It prohibits retaliation against whistleblowers, such as termination, demotion, or harassment. The Anti-Corruption Act offers specific protections and potential rewards for whistleblowers reporting corruption. The Labor Standards Act protects employees who report workplace violations from retaliation by their employers.

Practical Considerations for Whistleblowers

Whistleblowers should consider documenting evidence, such as collecting and preserving relevant documents, emails, or other evidence that supports their allegations. They should consider reporting anonymously if possible, or disclose their concerns initially through a lawyer or trusted intermediary to protect their identity. They should also seek support from NGOs or legal aid organizations specializing in whistleblower rights for guidance and support throughout the reporting process.

Taiwan, despite not being a member of the United Nations and hence unable to ratify many key International Labour Organization (ILO) conventions, shows a commitment to aligning its labor laws with international standards.

Adherence to Conventions and Treaties

Taiwan often references ILO conventions when drafting labor legislation, despite its limitations. Several domestic labor laws reflect the principles enshrined in core ILO conventions. These include the Labor Union Act and the Act of Settlement of Labor-Management Disputes which protect the rights of freedom of association and collective bargaining. The Criminal Code and Human Trafficking Prevention and Control Act prohibit forced labor. The Act of Gender Equality in Employment and other laws address discrimination in the workplace. The Labor Standards Act sets the minimum working age. Taiwan has also signed trade agreements with countries like the US, incorporating labor provisions that align with international standards.

Impact on Domestic Labor Laws

Taiwan's efforts to harmonize with international labor standards have led to significant reforms in its domestic labor laws. The Labor Standards Act sets limits on working hours and overtime pay requirements, aligning with international norms. The Occupational Safety and Health Act establishes comprehensive OSH standards and regulations. Taiwan has also strengthened its labor inspection system to enhance enforcement of labor laws.

Ongoing Challenges and Efforts

Despite progress, there are areas where Taiwan could further enhance its alignment with international labor standards. Taiwan's current status hinders full ratification and accountability to core ILO conventions. Concerns persist regarding the treatment of migrant workers, particularly in sectors like fishing and domestic work. There are also challenges to the full exercise of collective bargaining rights in certain sectors.