In Taiwan, the Labor Standards Act (LSA) provides the legal framework for employee termination. The Act outlines the permissible reasons for an employer to terminate an employee, which include business-related reasons such as business closure or suspension, operational changes resulting in reduced headcount, and force majeure events significantly impacting the business.

Employee Conduct

Termination can also be due to the employee's conduct, such as serious incompetence or negligence, significant violations of workplace regulations or the employment contract, conviction of a crime that hinders their employment, and serious illness or injury causing prolonged absence, impacting duties. Another ground for termination is if the employee is found to have been untruthful during their hiring process with regards to qualifications affecting their work. Employers must possess clear evidence substantiating the reasons for dismissal.

Notice Requirements

The LSA mandates an employer provide advance notice before termination, with the duration depending on the employee's length of service. For 3 months to 1 year of employment, 10 days' notice is required. For 1 year to 3 years of employment, 20 days' notice is required. For 3 years or more of employment, 30 days' notice is required. In instances of immediate dismissal for severe cause, the notice period may be waived.

Severance Pay

Employers in Taiwan are generally required to provide severance pay when the termination reason is attributable to the employer. The calculations are based on the average wage over the past 6 months multiplied by the number of years of service.

Exceptions to Severance Pay

There are specific circumstances where an employer may not be liable for severance pay. These include termination due to serious misconduct, if a fixed-term employment contract expires and is not renewed, and when an employee reaches the statutory retirement age.

Taiwan has a comprehensive set of anti-discrimination laws designed to promote equality and prevent unfair treatment, especially in the workplace.

Key Laws

The main laws include:

• The Constitution of the Republic of China (Taiwan): Article 7 guarantees that all citizens are equal before the law, irrespective of their race, religion, sex, class, or party affiliation.
• Act of Gender Equality in Employment (AGEE): This law prohibits workplace discrimination based on sex, sexual orientation, gender identity, marital status, and pregnancy.
• Employment Services Act (ESA): This act prohibits discrimination against workers and job applicants based on a wide range of characteristics, including race, class, language, thought, religion, political affiliations, place of origin, age, birthplace, disability, looks, facial features, sexual orientation, or past labor union membership.
• People with Disabilities Rights Protection Act: This act protects the rights of people with disabilities and prohibits discrimination based on disability status.

Protected Characteristics

The primary protected characteristics under Taiwanese anti-discrimination laws include:

• Race
• Nationality
• Ethnicity
• Skin color
• Religion
• Political affiliation
• Social class
• Place of origin / Birthplace
• Gender
• Sexual orientation
• Gender identity
• Marital status
• Age
• Pregnancy
• Disability
• Facial features
• Appearance
• Former labor union membership

Redress Mechanisms

Several avenues are available for those who experience discrimination in Taiwan:

• Complaints to Labor Authorities: Individuals can lodge complaints with the local labor affairs bureau detailing the discriminatory act.
• Employment Discrimination Review Committees: These committees, established by the government at county and city levels, review and mediate discrimination complaints and provide remedies where appropriate.
• Civil Lawsuits: Victims of discrimination can file legal claims in court, seeking damages and other forms of relief.

Employer Responsibilities

Employers in Taiwan are legally obligated to:

• Create Non-Discriminatory Workplaces: Employers must establish policies and practices that promote equality and prohibit all forms of discrimination covered under the law.
• Provide Training to Employees: Employers should inform their workforce about anti-discrimination laws and foster a culture of respect for diversity and inclusion.
• Prevent and Address Harassment: Employers must take proactive measures to prevent and address harassment in the workplace. This includes establishing clear reporting processes and adequately investigating complaints.
• Accommodations for Disabilities: Employers are required to provide reasonable accommodations for workers with disabilities, enabling them to perform their job duties effectively.

Taiwan has set labor standards to ensure a balance between work and personal life for employees. The Labor Standards Act (LSA) forms the basis for these regulations.

Work Hours

The LSA mandates a standard workweek of 40 hours, with no more than 8 hours worked per day. Overtime work is allowed, but with restrictions. The total working hours, including overtime, cannot exceed 48 hours per week. Employees are entitled to at least two days off per week, with one day designated as a mandatory rest day and the other as a flexible rest day chosen by the employer in consultation with the employee.

Rest Periods

The LSA guarantees rest periods during the workday. Employees are entitled to a minimum of 30 minutes of uninterrupted rest if their working hours exceed eight hours in a day. As mentioned earlier, employees must receive at least two days of rest per week.

Ergonomic Requirements

While the LSA emphasizes workplace safety and health, it doesn't explicitly outline ergonomic requirements. However, other regulations, such as those set forth by the Ministry of Labor (MOL), establish guidelines for ergonomic design in the workplace. These guidelines encourage employers to provide workstations that promote proper posture and minimize musculoskeletal strain.

Taiwanese workplaces prioritize worker well-being through a comprehensive framework of health and safety regulations.

Employer Obligations

The Occupational Safety and Health Act (OSHA) of Taiwan mandates several employer obligations to ensure a safe work environment. These obligations include:

• Providing Safety Equipment and Measures: Employers must furnish necessary safety equipment and implement measures to mitigate risks associated with machinery, hazardous materials, electricity, and other potential hazards.
• Education and Training: Employers hold the responsibility to educate and train employees on safe work practices and accident prevention. This includes disseminating information on the OSHA and related regulations.
• Workplace Safety Management: Employers are required to develop and implement a comprehensive occupational safety and health management plan. This plan should address hazard identification, risk assessment, control measures, and procedures for safe work practices.
• Accident Reporting: Timely reporting of workplace accidents is crucial. Employers must adhere to stipulated timelines for notifying the authorities of work-related accidents.

Employee Rights

Employees in Taiwan possess fundamental rights under the OSHA framework:

• Safe Work Environment: Employees have the right to work in a safe and healthy environment free from unreasonable risks.
• Participation in Safety Programs: Employees have the right to participate in safety and health programs implemented by their employers.
• Access to Information: Employees are entitled to access information on workplace safety hazards and related regulations.
• Refusal of Unsafe Work: Employees have the right to refuse work deemed unsafe or unhealthy, provided they have reasonable justification for their refusal.

Enforcement Agencies

The Ministry of Labor (MOL) shoulders the primary responsibility for enforcing OSHA regulations in Taiwan. The Occupational Safety and Health Administration (OSHA), a branch under the MOL, is tasked with:

• Developing and Implementing Regulations: OSHA plays a crucial role in formulating and enforcing detailed regulations that supplement the OSHA Act.
• Workplace Inspections: OSHA conducts regular inspections of workplaces to ensure compliance with safety regulations.
• Investigating Accidents: OSHA investigates workplace accidents to determine causes and identify areas for improvement.