Taiwan

The COVID-19 pandemic has significantly accelerated the adoption of remote work arrangements in Taiwan. Previously uncommon, working from home (WFH) has now become a mainstream practice, supported by recent legal developments. This guide explores the current landscape of remote work in Taiwan, including relevant regulations, technological considerations, and employer responsibilities.

Legal Framework

The primary legal framework governing remote work in Taiwan is the Labour Standards Act (LSA). The LSA outlines the rights and obligations of both employers and employees, encompassing aspects like minimum wage, working hours, and leave entitlements. It applies equally to remote workers, ensuring they receive the same protections as their in-office counterparts.

Key Provisions of the LSA for Remote Work

• Standard Workweek: The LSA mandates a standard workweek of 40 hours, applicable to remote employees as well. Employers must ensure adherence to these working hours and provide rest breaks, days off, and overtime compensation for remote workers as stipulated in the Act.
• Employment Contracts: Remote work arrangements should be clearly defined within the employment contract. This includes details like working hours, communication methods, equipment requirements, and work-related expense reimbursements.

Key Considerations from the Guidelines

• Employer Responsibilities: Employers are obligated to take reasonable precautions to ensure the occupational safety and health of remote workers. This includes measures to address potential risks like isolation and extended working hours.
• Equipment and Expenses: While employers are not required to furnish every remote employee's workstation, the Guidelines encourage reasonable reimbursement for work-related expenses like internet bills or ergonomic equipment, if specified in the employment contract.

Enforcement

The Labour Inspection Office is responsible for enforcing compliance with the LSA and related regulations. This ensures fair treatment and adherence to worker protections in remote work arrangements.

Technological Infrastructure

Taiwan boasts a well-developed technological infrastructure, making it well-suited for remote work practices. Here are some key considerations:

• High-Speed Internet: Taiwan has a widespread network of high-speed internet providers, offering reliable and fast connections crucial for effective remote work.
• Cloud-Based Tools: Cloud-based collaboration and communication tools like project management software and video conferencing platforms are essential for seamless communication and teamwork in a remote setting.
• Cybersecurity: Employers implementing remote work practices should prioritize cybersecurity measures to protect sensitive data and ensure network security.

Employer Responsibilities

Employers in Taiwan hold specific responsibilities towards their remote workforce:

• Clear Communication: Employers must clearly define expectations, working hours, communication protocols, and performance evaluation methods for remote employees within the employment contract.
• Training and Support: Providing remote workers with adequate training on communication tools, cybersecurity practices, and time management techniques can enhance productivity and well-being.
• Performance Management: Establishing clear performance metrics and conducting regular performance reviews are crucial for managing remote employees effectively.
• Ergonomics and Well-being: Employers should encourage remote workers to set up ergonomic workstations and take breaks to prevent health issues associated with prolonged sitting.

Taiwan offers a variety of flexible work arrangements to cater to the diverse needs of employees. These arrangements include part-time work, flexitime, and job sharing.

Part-Time Work

Part-time work allows employees to work a reduced schedule compared to a full-time position. The Labour Standards Act (LSA) governs minimum standards for part-time workers, including:

• Minimum Wage: Part-time workers are entitled to the same minimum wage as full-time employees, based on the hours they work.
• Benefits: While benefits like health insurance may vary depending on employers' policies and the number of working hours, part-time workers are entitled to certain benefits under the LSA.

For instance, a company might offer a part-time position with 20 hours per week. The employee would receive the minimum wage per hour worked and potentially be eligible for prorated benefits based on company policy.

Flexitime

Flexitime allows employees some flexibility in their working hours within a predetermined timeframe. The LSA doesn't explicitly mention flexitime, but employers have the discretion to implement such arrangements through agreements with employees.

Here's how flexitime could work:

• Core Working Hours: The employer might designate a specific timeframe where all employees must be available, like 10:00 AM to 4:00 PM.
• Flexible Schedule: Employees can choose their start and end times within the day as long as they fulfill their total required working hours per week.

This approach allows employees to manage personal commitments and potentially improve work-life balance.

Job Sharing

Job sharing involves two or more part-time employees splitting the responsibilities of a single full-time position. The LSA doesn't have specific regulations for job sharing, but it can be implemented through agreements outlining responsibilities, workload distribution, and communication protocols.

Benefits of job sharing include:

• Job sharing can be a good option for employees seeking reduced hours while maintaining full-time benefits (if offered by the employer).
• Employers can benefit from a broader skillset and potentially reduce costs associated with full-time positions.

The shift towards remote work arrangements in Taiwan has brought data protection and privacy concerns to the forefront. Both employers and employees have specific obligations and rights regarding data handling in a remote work setting.

Employer Obligations

Taiwanese employers bear a significant responsibility for safeguarding personal and company data accessed by remote employees. Here are some key obligations:

• Security Measures: Employers must implement appropriate security measures to protect data confidentiality, integrity, and availability. This can involve practices like access controls, data encryption, and employee training on cybersecurity best practices.
• Data Minimization: Employers should collect and store only the minimum amount of employee data necessary for work purposes, adhering to the principles outlined in the Personal Data Protection Act (PDPA).

The PDPA is the primary legislation governing data protection in Taiwan. It outlines principles for data collection, processing, storage, and transfer, ensuring individual privacy rights.

• Transparency: Employers are obligated to be transparent with employees about the types of data collected, the purpose of data collection, and how the data will be used and stored.

This transparency can be achieved through clear company policies and communication with employees regarding data handling practices.

Employee Rights

Remote employees in Taiwan possess specific rights regarding their personal data:

• Access and Correction: Employees have the right to access their personal data held by the employer and request corrections if necessary.
• Data Erasure: Under certain circumstances, employees may request the erasure of their personal data once it's no longer required for the employment purpose.

Employers must establish procedures for employees to exercise these rights effectively.

Best Practices for Data Security

Both employers and employees can contribute to a secure remote work environment through best practices:

• Strong Passwords: Enforce the use of strong and unique passwords for all work accounts and devices.
• Encryption: Utilize data encryption technologies to protect sensitive data both in transit and at rest.
• Limited Access: Grant employees access only to the data they need to perform their job duties.
• Regular Training: Provide employees with regular training on cybersecurity best practices and data protection protocols.
• Personal Device Security: Establish clear guidelines for using personal devices for work purposes, potentially including remote wipe capabilities in case of device loss.