Chapter Ⅰ General Provisions

Article 1
The Act is enacted to provide minimum standards for working
conditions, protect workers' rights and interests, strengthen
employee-employer relationships and promote social and economic
development. Matters not provided for herein shall be governed by
other applicable statutes.
The terms and conditions of any agreement between an employer
and a worker shall not be below the minimum standards provided
herein.
Article 2
The terms used in the Act shall be defined as follows:
1. Worker means a person who is hired by an employer to work for
wages.
2. Employer means a business entity which hires workers, the
responsible person of business operations, or the person who
represents the business owner in handling labor matters.
3. Wage means the remuneration which a worker receives for
his/her services rendered, including wages, salaries and bonuses,
allowances and any other regular payments regardless of the name
which may be computed on an hourly, daily, monthly and piecework
basis, whether payable in cash or in kind.
4. Average wage means the figure reached by taking the total
wages for the six months preceding the day on which an event
requiring that a computation be made occurs, divided by the total
number of days in that period. In the case of a period of service not
exceeding six months, the term "average wage" means the figure
reached by taking the total wages for the service period divided by
the total number of days of that period. In the case of wages which
are computed on a daily, hourly, or piecework basis, if the "average
wage" figure reached according to the preceding formula is less
than sixty percent of a figure determined by dividing the total
wages for the particular service period by the actual number of
work days, the "average wage" in this case shall be the sixty
percent figure.
5. Business entity means any entity engaged in any of the business
(or industries) that are governed by the Act, which employs
workers to do work.
6. Labor contract means an agreement that establishes an
employee-employer relationship with subordination to authority.
7. A dispatching entity means an entity engaged in labor-dispatched
business.
8. Dispatch-requiring entity means an entity that is actually
supervising and managing a dispatched worker doing his/her job in
accordance with a dispatch-requiring contract.
9. Dispatched worker means a worker who is employed by a
dispatching entity but actually works for the dispatch-requiring
entity.
10. Dispatch-requiring contract means an agreement concerning
labor-dispatched matters between a dispatch-requiring entity and a
dispatching entity.
Article 3
The Act shall be applicable to the following business (or industries):
1. Agriculture, forestry, fishery and animal husbandry,
2. Mining and quarrying,
3. Manufacturing,
4. Construction,
5. Water, electricity and gas supply,
6. Transportation, warehousing and telecommunications,
7. Mass communication, and
8. Other business (or industries) designated by the Central
Competent Authority.
When making designation referred to in Subparagraph 8 of the
proceeding paragraph, a portion of the workplace or part of
workers in the business entity may be designated as applicable.
The Act shall apply to all forms of employee-employer relationships.
However, this principle shall not apply, if the application of the Act
would genuinely cause undue hardship to the business entities
involved due to the factors relating to the types of management, the
administration system and the characteristic of work involved and
if it belongs to the business (or industries) or worker designated
and publicly announced by the Central Competent Authority.
The total number of workers employed in the business entities
which will encounter genuinely undue hardships and shall not be
applicable to the Act, shall not exceed one-fifth of the total number
of workers employed outside of the business (or industries) as
listed in Subparagraphs 1-7 of Paragraph 1 to this article.
Article 4
The term “competent authority” referred to in the Act shall be the
Ministry of Labor at the central level, the municipal government at
the municipal level, and the county (city) government at the county
(city) level.
Article 5
No employer shall, by force, coercion, detention, or other illegal
means, compel a worker to perform work.
Article 6
No person shall interfere in the labor contract of other persons and
obtain illegal benefits therefrom.
Article 7
An employer shall prepare and maintain a worker record card
indicating the name, sex/gender, birth date, place of ancestral
origin, educational background, address, national identification
card number, employment starting date, wage, labor insurance
starting date, merits and demerits, injury and disease and other
significant facts of each worker.
The worker record card referred to in the preceding paragraph
shall be kept on file by the employer for at least five years after the
date a particular worker ceases to be employed.
Article 8
An employer shall take precautions for the safety and benefit of
his / her hired workers against occupational hazards, create a
proper working conditions and provide welfare facilities. All safety,
sanitation and welfare matters related thereto shall be governed by
the regulations of applicable statutes.
Chapter Ⅱ Labor Contract
Article 9
Labor contracts may be divided into two categories: fixed term
contracts and non-fixed term contracts. A contract in nature for
temporary, short-term, seasonal or specific work may be made as a
fixed term contract, but a contract for continuous work, should be a
non-fixed term contract. The labor contract between a dispatching
entity and a dispatched worker shall be a non-fixed term contract.
In any one of the following situations, a fixed term contract shall be
deemed as to be a non-fixed term upon the expiration of the
contract:
1. Where an employer raises no immediate objection when a
worker continues his/her work.
2. Where, despite the execution of a new contract, the prior
contract and the new one together cover a period of more than
ninety days and the period of time between expiration of the prior
contract and execution of the new one does not exceed thirty days.
The preceding paragraph shall not apply in the case of a fixed term
contract for specific or seasonal work.
Article 9-1
An employer shall not make a after-resignation business strife
limitation agreement with an employee unless the following
requirements have been met:
1. The employer has proper business interests that require being
protected.
2. The position or job of the employee entitles him or her to have
access to or be able to use the employer’s trade secrets.
3. The period, area, scope of occupational activities and prospective
employers with respect to the business strife limitation shall not
exceed a reasonable range.
4. The employer shall reasonably compensate the employee
concerned who does not engage in business strife activities for the
losses incurred by him or her.
The reasonable compensation referred to in Subparagraph 4 of the
preceding paragraph shall not include the remuneration received
by the employee during employment.
Any agreement in violation of any of the provisions of Paragraph 1
shall be null and void.
The period of business strife limitation shall not exceed a maximum
up to two years. If such a period is more than two years, then it
shall be shortened to two years.
Article 10
If a new contract is executed, or an existing contract is renewed,
within three months after the expiration of a fixed term contract or
the termination of a non-fixed term contract for cause, the service
period accrued before the execution or renewal of the contract
shall be combined with the service period of the new or renewed
contract in any computation of service period.
Article 10-1
When transferring an employee, an employer shall not violate the
provisions of labor contract and shall also satisfy the following
principles:
1. The employee shall be transferred based on the needs of
business operation and without improper motives or purposes.
Matters not provided for herein shall be governed by other
applicable statutes.
2. The wages and other working conditions shall not be changed to
be unfavorable to the employee concerned.
3. The employee shall still be able to satisfactorily perform the
duties required in terms of physical ability and skills after the
transfer.
4. The employer shall provide necessary assistance if the relocated
workplace where is too far away for the employee concerned
5. The livelihood interests of the employee and his or her family
shall be considered.
Article 11
No employer shall, even by advance notice to a worker, terminate a
labor contract unless one of the following situation arises:
1. Where the employers' businesses are suspended, or has been
transferred.
2. Where the employers' businesses suffers an operating losses, or
business contractions.
3. Where force majeure necessitates the suspension of business for
more than one month.
4. Where the change of the nature of business necessitates the
reduction of workforce and the terminated employees can not be
reassigned to other suitable positions.
5. A particular worker is clearly not able to perform satisfactorily
the duties required of the position held.
Article 12
In any of the following situations, an employer may terminate a
labor contract without advance notice:
1. Where a worker misrepresents any fact at the time of signing of
a labor contract in a manner which might mislead his/ her employer
and thus caused him/her to sustain damage therefrom.
2. Where a worker commits a violent act against or grossly insults
the employer, his /her family member or agent of the employer, or a
fellow worker.
3. Where a worker has been sentenced to temporary imprisonment
in a final and conclusive judgment, and is not granted a suspended
sentence or permitted to commute the sentence to payment of a
fine.
4. Where a worker is in serious breach of the labor contract or in
serious violation of work rules.
5. Where a worker deliberately damages or abuses any machinery,
tool, raw materials, product or other property of the employer or
deliberately discloses any technical or confidential information of
the employer thereby causing damage to the employer.
6. Where a worker is, without good cause, absent from work for
three consecutive days, or for a total six days in any month.
Where an employer desires to terminate a labor contract pursuant
to Subparagraphs 1 and 2, Subparagraphs 4 to 6 of the preceding
paragraph, he/she shall do so within thirty days from the date
he/she becomes aware of the particular situation.
Article 13
An employer shall not terminate a contract with a worker who is on
leave from work pursuant to Article 50 or, is receiving medical
treatment pursuant to Article 59, unless the employer cannot
continue operating the business due to an act of God, catastrophe
or other force majeure and a prior approval has been obtained from
the competent authorities.
Article 14
A worker may terminate a labor contract without giving advance
notice to the employer in any of the following situations:
1. Where an employer misrepresents any fact at the time of signing
a labor contract in a manner which might mislead his/her worker
and thus caused him/her to sustain damage therefrom.
2. Where an employer, his/her family member or his/ her agent
commits violence or grossly insults the worker.
3. Where the work specified in a labor contract is likely to be
injurious to the worker's health and the worker has requested
his/her employer to improve working conditions but all in vain.
4. The employer, the agent of the employer, or co-worker suffers
from a noted contagious disease that may infect employees working
with the infected person and seriously endanger their health.
5. Where an employer fails to pay for work in accordance with the
labor contract or to give sufficient work to a worker who is paid on
a piecework basis.
6. Where an employer breaches a labor contract or violates any
labor statute or administrative regulation in a manner likely to
adversely affect the rights and interests of the particular worker.
If an employee intends to terminate the contract in accordance with
Subparagraph 1 or 6 of the preceding Paragraph, he or she shall do
so within 30 days of the date the employee became knowledgeable
of the situation. However, the employee shall do so within 30 days
of the date of the employee knowing the result of damages in the
event the employer falls under any of the circumstances specified
in Subparagraph 6.
An employee shall not terminate the contract under any of the
circumstances specified in Subparagraph 2 or 4 of Paragraph 1 if
the employer has terminated an agency contract, or if the party
suffering from a noted contagious disease has received treatment
in accordance with health regulations.
The provisions of Article 17 shall apply, mutatis mutandis, to the
termination of labor contract pursuant to this article.
Article 15
In the case of a specific fixed term contract for a term of more than
three years, a worker may, upon completion of three years' work,
terminate the contract by giving the employer an advance notice
thirty days before he/her severance.
In the case of a worker terminating a non-fixed term contract, the
provisions of Paragraph 1 of Article 16 pertaining to the prescribed
time limit for serving an advance notice shall apply mutatis
mutandis.
Article 15-1
An employer shall not make a minimum service period agreement
with an employee unless one of the following requirements has
been met:
1. The employer provides the employee with professional skills
training at the employer’s expense.
2. The employer provides the employee with reasonable
compensation to comply with the minimum service period
agreement.
The minimum service period agreement referred to in the
preceding paragraph shall be considered in terms of the following
conditions and shall be limited in a reasonable range:
1. Period and costs of the professional skills training provided by
the employer to the employee concerned.
2.Possibility of replacing the employee concerned by other
employees engaging in the same or a similar job.
3.Amount and scope of the compensation provided by the employer
to the employee concerned.
4.Other matters influencing the reasonableness of the minimum
service period.
Any agreement in violation of the preceding two paragraphs shall
be null and void.
If the labor contract is terminated prior to the completion of the
minimum service period due to any cause not attributable to the
employee concerned, he or she shall not be deemed as violating the
minimum service period agreement and shall not be obligated to
reimburse the training expenses.
Article 16
Where an employer terminates a labor contract pursuant to Article
11 or the provisions of Article 13, the provisions set forth below
shall govern the minimum period of advance notice:
1. Where a worker has worked continuously for more than three
months but less than one year, the notice shall be given ten days in
advance.
2. Where a worker has worked continuously for more than one year
but less than three years, the notice shall be given twenty days in
advance.
3. Where a worker has worked continuously for more than three
years, the notice shall be given thirty days in advance.
After receiving the advance notice referred to in the proceeding
paragraph, a worker may, during hours of work, ask for leave of
absence for the purpose of finding a new job. Such leave of absence
may not exceed two work days per week. Wages shall be paid
during such leave of absence.
Where an employer terminates the contract without serving an
advance notice within the time limit prescribed in the first
paragraph of this article, he/she shall pay the worker wages for the
advance notice period.
Article 17
An employer terminating a labor contract pursuant to the
preceding Article shall issue severance pay to the worker in
accordance with the terms set forth below.
1. If the worker continues to work for a business entity owned by
the same employer, severance pay that is equal to one month’s
average wage for each year of service;
2. The severance pay for the months remaining after calculation in
accordance with the preceding subparagraph, or for workers who
have been employed for less than one year shall be calculated
proportionally; any period of employment less than a month shall
be calculated as one month.
Employers shall issue the severance pay of the preceding
Paragraph within 30 days after the labor contract is terminated.
Article 17-1
A dispatch-requiring entity shall not interview the dispatched
worker or undertake any other conduct of appointing a specific
dispatched worker before dispatching entity and a dispatched
worker sign a labor contract.
If a dispatch-requiring entity violated the preceding paragraph and
has received the service of the dispatched worker, the dispatched
worker may, within 90 days since the first day that service was
provided, express in writing his or her intention to establish a labor
contract with the dispatch-requiring entity.
The dispatch-requiring entity shall negotiate with the dispatched
worker about the establishment of labor contract within ten days
since the first day of receiving the dispatched worker’s intention. If
the negotiation has not taken place within ten days or the
negotiation has failed, the labor contract shall be established
between two parties since the day after the aforesaid ten days have
expired. The contract shall contain labor conditions that were in
effect during the period that dispatched worker actually worked for
the dispatch-requiring entity.
When a dispatched worker expresses his/her intention in
accordance with the Paragraph 2, the dispatching entity and the
dispatch-requiring entity shall not terminate, demote, reduce
wages of; or harm the rights and benefits under the law, contract
or norm; or take any unfavorable measure against the dispatched
worker.
It shall be invalid if the dispatching entity and the dispatch-
requiring entity carry out any of the conduct in the preceding
paragraph.
When a dispatched worker signs a labor contract with a dispatch-
requiring entity according to Paragraphs 2 and 3, his/her labor
contract with the dispatching entity is deemed to be terminated,
and the dispatched worker is neither responsible for the minimum
service period as required nor for refunding training expenses.
The dispatching entity in the preceding paragraph shall pay the
dispatched worker retirement pension or severance pay in
accordance with the payment criteria and duration set forth in the
Act or the Labor Pension Act.
Article 18
In any of the following situations, a worker shall not claim from the
employer either additional wages for the advance notice period or
severance pay:
1. A labor contract is terminated pursuant to Article 12 or 15.
2. The worker leaves his/her service upon expiration of a fixed term
contract.
Article 19
Upon termination of a labor contract, neither an employer nor the
employer's agent shall reject a request from the worker for proof of
service record.
Article 20
When a business entity is restructured or changes ownership,
except for those workers to be retained through negotiations
between the old and the new employers, the employer shall
terminate labor contracts with the remaining workers by giving the
minimum advance notice prescribed by Article 16 and shall pay
severance payment in accordance with Article 17. The new
employer shall recognize the prior period of service of those
workers to be retained.
Chapter Ⅲ Wages
Article 21
A worker shall be paid such wages as determined through
negotiations with the employer, provided, however, that such
wages shall not fall below the basic wage.
The basic wage referred to in the preceding paragraph shall be
prescribed by the basic wage deliberation committee of the Central
Competent Authority and submitted it to the Executive Yuan for
approval.
The matters regarding the organization and procedure of
proceeding of the aforesaid basic wage deliberation committee
shall be regulated separately by the Central Competent Authority.
Article 22
Wages shall be paid in the statutory, circulating currency;
provided, however, that part of such wages may, by custom or
business nature, be paid partly in kind in accordance with the labor
contract. If part of the wages is paid in kind, the conversion price of
such wages in kind shall be fair and reasonable to meet the needs
of both the worker and his/her family members.
Wages shall be paid in full directly to the worker, unless otherwise
prescribed by applicable statutes or administrative regulations or
agreed to by both the employer and the worker.
Article 22-1
If the dispatching entity is fined by the competent authority for
owing the dispatched worker wages or ordered to pay by a deadline
according to Article 27 but has failed to comply, the dispatched
worker may request the dispatch-requiring entity to pay. The
dispatch-requiring entity shall make the payment within 30 days
since the day that request is made.
When the dispatch-requiring entity has made the payment
according to the preceding paragraph, it may ask the dispatching
entity for reimbursement or deduct the amount that it should pay
under the dispatch-requiring contract.
Article 23
Except as otherwise agreed to by the parties to a labor contract or
when wages are paid in advance on a monthly basis, wages shall be
paid on a regular basis at least twice a month; the details of wage
computation must also be provided. This shall also apply to wages
computed on the basis of piece by piece work.
An employer shall keep a worker payroll roster in order to record
entries such as wages payable, the details of wage computation and
the total sum of wages paid. This payroll roster shall be kept on file
for at least five years
Article 24
An employer shall pay worker overtime wages using the following
basis:
1. When the overtime work does not exceed two hours, the worker
shall be paid, in addition to the regular hourly wage, at least an
additional one-third of the regular hourly rate.
2. When the overtime work is over two hours, but the total overtime
work does not exceed four hours, the worker shall be paid, in
addition to the regular hourly wage, at least an additional two-
thirds of the regular hourly rate.
3. When the overtime work requested is governed by Paragraph 4
of Article 32, the worker shall be paid two times the regular hourly
rate.
In accordance with Article 36, an employer shall pay a worker
overtime wages when required to work on the rest days. When the
overtime work does not exceed two hours, the worker shall be paid,
in addition to the regular hourly wage, at least an additional one
and one-third of the regular hourly rate. When the overtime work is
over two hours, the worker shall be paid, in addition to the regular
hourly wage, at least an additional one and two-thirds of the
regular hourly rate.
Article 25
An employer shall under no condition discriminate between the
sexes in the payment of wages. Worker shall receive equal wages
for equal work of equal efficiency.
Article 26
An employer shall not make advance deduction of wages as penalty
for breach of contract or as indemnity
Article 27
If wages are not paid on schedule, the competent authority may
order the employer concerned to pay them within the prescribed
period.
Article 28
When an employer has suspended or liquidated its business or has
declared bankruptcy, the following creditor rights of the workers
shall be regarded equal to the creditor rights of those with
mortgage rights, pledges or liens of the top priority, and the
workers shall be paid in accordance with the proportion of their
creditor rights; workers shall have top most priority to receive the
remaining amounts owed to them:
1. Less than six months of wages to be paid to the workers
according to the labor contract;
2. Retirement pensions that the employer has failed to disburse in
accordance with the Act;
3. Severance pay that the employer has failed to disburse in
accordance with the Act or the Labor Pension Act.
Employers are required to pay a certain amount to the Arrear Wage
Payment Fund each month according to the total wages insured for
the month and the statutory rate to provide the funds for the
following payments:
1. The arrear wages specified in subparagraph 1 of the preceding
Paragraph;
2. The owed pensions and severance pay specified in
subparagraphs 2 and 3 of the preceding Paragraph; the total
amount shall be no more than six months of average wage.
When the Arrear Wage Payment Fund has accumulated to a certain
amount, the rate shall be reduced or the collection shall be
suspended.
The central competent authority shall set the rate of Paragraph 2 at
no more than 1.5 thousandths and present it to the Executive Yuan
for approval.
Wages, pensions and severance pay owed by employers and
remained unsettled after concerned workers have filed their
requests shall be paid first from the Arrear Wage Payment Fund
according to Paragraph 2; such employers shall then repay the
amounts to the Arrear Wage Payment Fund within a specified
period.
The Arrear Wage Payment Fund shall be managed by a
management committee set up by the central competent authority.
The central competent authority may commission a labor insurance
agency to be in charge of fund collection and payment. The central
competent authority shall also establish the procedure for arrear
wage payment from the Fund, as well as regulations regarding fund
collection and payment, Fund management, the certain amount of
Paragraph 3, and the organization of the management committee.
Article 29
After the closing of books of account at the end of the business
year, a business entity shall, after paying taxes, covering losses for
the previous year and setting aside stock dividends and legal
reserves, pay allowances or bonus out of the balance of net profits,
if any, to workers who have worked the entire preceding year
without committing fault and misconduct.

Chapter Ⅳ Working Hours, Recess and Holidays

Article 30
The regular working time of workers may not exceed eight hours a
day nor 40 hours a week.
With the consent of a labor union, or if there is no labor union in a
business entity, with the approval of a labor-management
conference, an employer may distribute the regular working hours,
referred to in the proceeding paragraph, of any two workdays in
every two weeks, to other workdays, provided that no more than
two hours shall be distributed to each of the other workdays.
However, the total number of working hours shall not exceed forty-
eight hours every week.
With the prior consent of the labor union, or if there is no labor
union exists in a business entity, with the agreement of a labor-
management conference, an employer may distribute the regular
working hours, referred to in the Paragraph1, in every eight weeks,
provided that the regular working time shall not in excess of eight
hours a day and the total number of working hours shall not exceed
forty-eight hours every week.
The regulations set forth in the two preceding Paragraphs are only
applicable to the business (or industries) designated by the Central
Competent Authority.
Employers shall prepare and keep worker attendance records for
five years.
The attendance records specified in the preceding Paragraph shall
register the attendance of workers on a daily basis to the minute.
Employers may not refuse when workers request for duplicates or
photocopies of the attendance records.
Employers may not use the amendment to regular working hours of
Paragraph 1 as reason for wage deduction.
Employers may, base on the needs of workers to tend to their
family members, allow workers the flexibility to adjust their
starting and finishing work time of up to one hour of the daily
regular working hours specified in Paragraphs 1 to 3 and Article
30-1.
Article 30-1
For businesses (or industries) designated by the Central Competent
Authority, upon the consent of its labor union, or if there is no labor
union in a business entity, with the approval of a labor-management
conference, an employer may change his/her working hours under
the following principles:
1. The distribution of regular working hours to other work days in
four weeks shall not exceed two hours a day and is not subject to
the restrictions referred to in Paragraphs 2 to 4 of the preceding
article.
2. When the regular workday is ten hours a day, the overtime work
shall not exceed two hours for that particular day.
3. Female workers on night shifts, except for those who are
pregnant or are in breastfeeding periods, are not subject to the
restrictions referred to in Paragraph 1 of Article 49. However, the
employer must provide necessary safety and health facilities.
Businesses (or industries) that are governed by Article 3 (which
was amended and took effect on December 27, 1996) are not
governed by the preceding paragraph, except for agriculture,
forestry, fishery, and pasturage industries referred to in
Subparagraph 1 of Paragraph 1.
Article 31
The working hours of a worker operating in a pit or tunnel shall
begin from the time of entrance to the pit or tunnel and shall end at
the time of departure therefrom.
Article 32
When an employer has a necessity to have his/her employee to
perform the work besides regular working hours, he/ she, with the
consent of a labor union, or if there is no labor union exists in a
business entity, with the approval of a labor-management
conference, may extend the working hours.
The extension of working hours referred to in the preceding
paragraph, combined with the regular working hours shall not
exceed twelve hours a day; the total number of overtime shall not
exceed forty-six hours a month; however, the extension of working
hours, with the consent of a labor union, or if there is no labor
union exists in a business entity, with the approval of a labor-
management conference, shall not exceed fifty-four hours a month
and one hundred and thirty-eight hours every three months.
When an employer having more than thirty employees needs to
have his/her employee to perform work referred to in the preceding
paragraph, he/she shall report it to the local competent authority
for record.
Due to the occurrence of an act of God, an accident, or an
unexpected event and when an employer has a necessity to have
his/her employee to perform the work besides regular working
hours, may extend the working hours. However, the employer shall
notify the labor union within twenty-four hours after the beginning
of the extension. If there is no labor union, shall report it to the
local competent authority for record. Subsequent to the over time,
the employer shall offer worker suitable time off.
Except for supervisory duties or in any of the situations referred to
in the preceding paragraph, the working hours of a worker in a pit
or tunnel shall not be extended.
Article 32-1
When an employer extends the work according to Paragraphs 1 and
2 of Article 32 or requests the worker to perform work on rest days
as prescribed in Article 36, the employer shall calculate the hours
of compensatory leave based on the hours of work performed, as
the worker chooses to take compensatory leave with the consent of
the employer.
The period of the compensatory leave referred to in the preceding
paragraph shall be agreed on by the employer and the worker;
should compensatory leaves not be used by workers upon the
expiration of the compensatory leaves or the termination of the
contracts, wages shall be paid based on the day when working
hours are extended or the rest day when the worker performs
work; employers failing to pay the said wages will be punished for
violating the provisions of Article 24.
Article 33
Where the living convenience of the public or other special cause
necessitates the adjustment of regular working hours and overtime
hours for business (or industries) under Article 3 other than
manufacturing and mining in a manner not contemplated in Articles
30 and 32, the local competent authorities, may if necessary, by
order permit such adjustment after having consulted both the
competent authority with jurisdiction over the business (or
industries) and the labor union.
Article 34
If a rotation system is adopted, workers on such shifts shall be
rotated on a weekly basis except as otherwise consented to by the
worker.
Workers who are on rotation in accordance with the preceding
paragraph shall be granted a rest period of at least eleven hours
continually; however, due to the characteristic of work or special
cause, a rest period of at least eight continuous hours shall be
granted after the Central Regulatory Authority with jurisdiction
over the business (or industries) has reviewed with the Central
Competent Authority.
The change in the rest period referred to in the preceding
paragraph shall be made with the consent of a labor union, or if
there is no labor union exists in a business entity, with the approval
of a labor-management conference. When an employer has more
than thirty employees, he/she shall report it to the local competent
authority for record.
Article 35
A worker shall be permitted to have a break for at least thirty
minutes after having worked for four continuous hours; provided,
however, that such break may be rescheduled by the employer to
be taken within other working hours if a rotation system is adopted
or work of a continuous or urgent nature is involved.
Article 36
A worker shall have two regular days off every seven days. One day
is a regular leave and the other one is a rest day.
An employer shall not be subject to the restrictions of the
preceding paragraph if one of the following conditions exists:
1. According to Paragraph 2 of Article 30, workers who adjust their
regular working hours shall have a minimum of one day of regular
leave every seven days and a minimum of four days' rest every two
weeks consisting of the combined regular leaves and rest days.
2. According to Paragraph 3 of Article 30, workers who adjust their
regular working hours shall have a minimum of one day of regular
leave every seven days and a minimum of sixteen days' rest every
eight weeks consisting of the combined regular leaves and rest
days.
3. According to Article 30-1, workers who adjust their regular
working hours shall have a minimum of two days of regular leaves
every fourteen days and a minimum of eight days' rest every four
weeks consisting of the combined regular leaves and rest days.
When an employer needs his/her employee to perform the work in
addition to regular working hours, it shall be added based on
Paragraph 2 of Article 32 of the total of extension of working hours.
However, if there is an act of God, an accident, or an unexpected
event and an employer needs his/her employee to work in addition
to regular working hours, then the working hours are not subject to
the restrictions of Paragraph 2 of Article 32.
An employer may adjust the regular leave referred to in Paragraph
1 and Sub-paragraphs 1 and 2, Paragraph 2 every seven days with
the consent of the Central Regulatory Authority with jurisdiction
over the business (or industries) designated by the Central
Competent Authority.
The regular leave referred to in the preceding paragraph shall be
adjusted with the consent of a labor union, or if there is no labor
union exists in a business entity, with the approval of a labor-
management conference. When an employer has more than thirty
employees, he/she shall report it to the local competent authority
for record.
Article 37
Leaves shall be granted for national holidays, holidays, and Labor
Day which are designated as holidays by the Ministry of the Interior
and holidays designated by other Central Competent Authority.
The provisions of the preceding paragraph, which was amended on
December 6, 2016, shall take effect on January 1, 2017.
Article 38
A worker who has worked continually for the same employer or
business entity for a certain period of time shall be granted annual
paid leaves on an annual basis based on the following conditions:
1. Three days for service of six months or more but less than one
year.
2. Seven days for service of one year or more but less than two
years.
3. Ten days for service of two years or more but less than three
years.
4. Fourteen days for service of three years or more but less than
five years.
5. Fifteen days for service of five years or more but less than ten
years.
6. One additional day for each year of service over ten years up to a
maximum of thirty days.
Annual paid leaves from the preceding paragraph are to be
arranged by workers. The employer, however, in the light of urgent
needs of the business operation or personal factors of workers, may
consult and make adjustments with workers.
The employer shall inform the worker to arrange the annual paid
leaves of the preceding two paragraphs when the employee meets
the conditions for the annual paid leaves under Paragraph One.
Wages must be paid for annual paid leaves not used by workers
because of the termination of annual or termination of contracts.
For unused annual paid leaves extended until the following year
according to the agreement reached by employers and workers,
wages must be paid for those not used by workers at the end of the
following year or upon the termination of contracts.
The employer shall record the dates of annual paid leaves of
workers and the total amount of the wages paid for annual paid
leaves have not been taken in the worker payroll roster designated
in Article 23 and shall inform the worker in writing every year on a
regular basis.
In the case of a claim of rights by workers under this Article, the
employer shall bear the burden of proof if the employer considers
that the workers’ rights do not exist.
Article 39
Wages shall be paid by an employer to a worker for taking leaves
for regular leaves and rest days as stipulated by Article 36, for
holidays as stipulated under Article 37, and annual paid leaves as
stipulated by Article 38. When an employer has obtained the
consent of a worker to work on a holiday, the employer shall pay
the worker at double the regular rate for such work. This shall also
apply when, with the consent of the worker or the labor union, the
worker is required to work to meet seasonal needs.
Article 40
An employer may require workers to suspend all leaves of absence
referred to in Articles 36 to 38, if an act of God, an accident or
unexpected event requires continuance of work; provided, however,
that the worker concerned shall receive wages at double the
regular rate for work during the suspended leave, and then also be
granted leave to make up for the suspended leave of absence.
In respect of the suspended leaves of absence referred to in the
preceding paragraph, the employer shall, within twenty-four hours
after the end off suspension, file a report stating details and
reasons with the local competent authorities for the approval and
record of the suspension.
Article 41
If it is deemed necessary by the local competent authorities, the
annual paid leave of workers in public utilities referred to in Article
38 may be suspended, for which the employer shall pay wages at
double the regular rate.
Article 42
An employer shall not compel a worker to accept work beyond
regular working hours if the worker is unable to do so on account
of poor health or other proper reasons.
Article 43
A worker may take time off for wedding, funeral, sickness or other
proper causes. The duration of such leave and the wage standards
for leaves other than unspecified casual leave shall be prescribed
by the Central Competent Authority.
Chapter Ⅴ Child Workers and Female Workers
Article 44
A worker over fifteen years old, but less than sixteen years old,
shall be considered as a child worker.
No child worker and no worker less than eighteen years old shall
be permitted to do work that is potentially dangerous or hazardous
in nature.
Article 45
No employer shall employ any person under the age of fifteen. This
does not apply if the person has graduated from junior high school
or the nature and environment of the work have been determined
and authorized by the competent authority that no harm will result
to the worker's mental and physical health. Provisions in child labor
regulations shall apply, mutatis mutandis, to the employee of the
preceding paragraph.
The Central Competent Authority shall stipulate the determination
criteria, review procedures, and other measures governing the
complying matters for determining the nature and environment of
the work that will not do any harm to the worker's mental and
physical health stated in the first paragraph based on factors such
as the worker's age, nature of work, and the length of compulsory
education received. For persons under the age of fifteen providing
labor service to a third party through others, or directly providing
labor service to receive remuneration with no employment
relationship, the provision stated in the previous paragraph and
child labor protection regulations shall apply, mutatis mutandis.
Article 46
Employer of workers who are less than eighteen years old shall
keep the letters of consent from the legal guardians and age
certificates of such workers on file.
Article 47
Child workers' daily working hours shall not exceed eight hours,
weekly working hours shall not exceed forty hours, and working on
regular leave is not permitted.
Article 48
No child worker shall be permitted to work between eight o'clock in
the evening and six o'clock in the following morning.
Article 49
An employer shall not make his /her female worker perform her
work between ten o'clock in the evening and six o'clock in the
following morning. However, with the consent of a labor union, or if
there is no labor union in a business entity, with the approval of a
labor-management conference, and the following requirements in
each subparagraph are met, the preceding restrictions are not
applied:
1. The necessary safety and health facilities are provided.
2. When there is no public transportation facilities available,
transportation facilities are provided or dormitories for female
workers are arranged.
For the necessary safety and health facilities referred to in
Subparagraph 1 of the preceding paragraph, their standards shall
be determined by the Central Competent Authority. However, the
safety and health facilities set forth in an agreement between the
employer and the female worker are better than requirements in
the Act, the said agreement shall be controlling.
When a female worker is unable to work between ten o'clock in the
evening and six o'clock in the following morning due to health or
other justifiable reasons, the employer shall not force her to work.
Due to the occurrence of an act of God, an accident, or an
unexpected event, and so the employer has a necessity to make his/
her female worker perform her work between ten o'clock in the
evening and six o'clock in the following morning, the requirements
in the Paragraph1 shall not be applied.
For those female workers who are pregnant or are feeding their
babies, the proviso clause of Paragraph 1 and the preceding
paragraph shall not be applied.
Article 50
A female worker shall be granted maternity leave before and after
childbirth for a combined period of eight weeks. In the case of a
miscarriage after the first three months of pregnancy, the female
worker shall be permitted to discontinue her work and shall be
granted maternity leave for a period of four weeks.
If the female worker referred to in the preceding paragraph has
been employed for more than six months, she shall be paid regular
wages during the maternity leave, while if her period of service is
less than six months, she shall be paid wages at half of the regular
payment.
Article 51
A female worker may apply to be transferred to less strenuous work
during her pregnancy. The employer shall neither reject her
application nor reduce her wage.
 Article 52
Where a female worker is required to breast-feed her baby of less
than one year of age, the employer shall permit her to do so twice a
day, each for thirty minutes, besides the break period set forth in
Article 35.
The breast feeding time referred to in the preceding paragraph
shall be deemed as working time.
Chapter Ⅵ Retirement
Article 53
A worker may apply for voluntary retirement under any of the
following conditions:
1. Where the worker attains the age of fifty-five and has worked for
fifteen years.
2. Where the worker has worked for more than twenty-five years.
3. Where the worker attains the age of sixty and has worked for ten
years.
Article 54
An employer shall not force a worker to retire unless any of the
following situations has occurred:
1. Where the worker attains the age of sixty-five.
2. Where the worker is unable to perform his/ her duties due to
disability.
A business entity may request the central competent authority to
adjust the age prescribed in Subparagraph 1 of the preceding
paragraph if the specific job entails risk, requires substantial
physical strength or otherwise of a special nature; provided,
however, that the age shall not be reduced below fifty-five.
Article 55
The criteria for payment of worker pensions shall be as follows:
1. Two bases are given for each full year of service rendered. But
for the rest of the years over 15 years, one base is given for each
full year of service rendered. The total number of bases shall be no
more than 45. The length of service is calculated as half year when
it is less than six months and as one year when it is more than six
months;
2. As set forth in Subparagraph 2 of Paragraph 1 of Article 54, an
additional 20% on top of the amount calculated according to the
preceding subparagraph shall be given to workers forced to retire
due to disability incurred from the execution of their duties.
The retirement pension base as specified in Subparagraph 1 of the
preceding paragraph shall be one month’s average wage of the
worker at the time when his or her retirement is approved.
Employers shall pay the pensions specified in Paragraph 1 within
30 days from the day of retirement. Those unable to pay the
amount in one lump sum may apply to the competent authority for
approval to pay the amount in installments. If the retirement
pension criteria established by business entities before the
enforcement of the Act are better than those set forth in the Act,
such criteria shall apply.
Article 56
Employers shall appropriate labor pension reserve funds ranging
between 2% and 15% of the total monthly wages of their employees
and deposit such amount in a designated account. The funds in said
account may not be used as an assignment, seizure, offset or
security object. The central competent authority shall establish
regulations on the proportion, procedure and management of the
funds to be appropriated and present them to the Executive Yuan
for approval.
Before the end of each year, employers shall assess the balance in
the designated labor pension reserve funds account of the
preceding Paragraph. If the amount is inadequate to pay pensions
calculated according to the preceding Article for workers retiring
in the same year according to Article 53 or subparagraph 1 of
Paragraph 1 of Article 54, the employer is required to make up the
difference in one appropriation before the end of March the
following year and submit the statement to the Business Entity
Supervisory Committee of Labor Retirement Reserve for review.
The central competent authority shall set up the Labor Pension
Fund Supervisory Committee to manage the Labor Pension Fund
composed of the monthly appropriated labor pension reserve funds
of Paragraph 1. The central competent authority shall also define
the organization of said committee, its meeting procedures and
regulations on related matters.
The central competent authority shall coordinate with the Ministry
of Finance to commission a financial institution to be in charge of
the collection and spending, custody and utilization of the Fund
specified in the preceding Paragraph. The minimum earnings from
the Fund may not be less than the two-year-term time deposit
interest offered by local banks; in the event of a deficit, it shall be
covered by the national treasury. The central competent authority
shall establish the regulations regarding the collection and
spending, custody and utilization of the Fund and present them to
the Executive Yuan for approval.
The supervision of labor pension reserve funds appropriated by
employers shall be supervised by the Supervisory Committee of
Labor Retirement Reserve composed of representatives for workers
and employers. Worker representatives on the committee may not
be less than two thirds of the members in the committee; the
central competent authority shall establish the regulations for the
organization of the committee.
The decision or adjustment of the proportion of labor pension
reserve funds to be appropriated each month by employers must be
reviewed and approved by their Business Entity Supervisory
Committee of Labor Retirement Reserve and presented to the local
competent authority for approval.
When processing loan applications from businesses that require the
investigation of the labor retirement reserve appropriation of such
business entity, financial institutions may request the local
competent authority to provide such data.
Financial institutions acquiring the data of the preceding
Paragraph are obliged to keep the data confidential and to also
make certain that related data safety audits are conducted.
The central competent authority shall consult with the Financial
Supervisory Commission to establish regulations regarding the
content and range of the data of the two preceding Paragraphs as
well as the application procedure and other rules to follow.
Article 57
Workers' years of service shall be limited to years of employment
by the same business entity. In determining the years of service of
a worker who is transferred to another business entity owned by
the same employer, and in determining accumulated service years
recognized by a new employer on a continued basis under Article
20 of the Act, the years of service at the different business entities
shall be combined for calculation purposes.
Article 58
The right of a worker to claim retirement benefits shall be aborted
if it is not exercised within five years from the month following the
effective date of retirement.
The right to claim retirement benefits shall not be assigned, offset,
mortgaged, or guaranteed.
Applicants claiming retirement benefits pursuant to this Act shall
open a specific account with necessary documents at a financial
institution for the deposit of retirement benefits.
The deposits in the specific account of the preceding Paragraph
shall not be the objects of offset, mortgage, security or compulsory
execution.
Chapter Ⅶ Compensation for Occupational Accidents
Article 59
An employer shall pay compensation to a worker who is dead,
injured, disabled or sick due to occupational accidents according to
the following provisions; provided that if, in respect of the same
accident, the employer has already paid compensation to the
worker concerned in accordance with the provisions of the Labor
Insurance Act or other applicable statutes and administrative
regulations, The employer may deduct those already paid
compensation therefrom:
1. When a worker is injured or suffers from any occupational
disease, the employer shall compensate him/her the necessary
medical expenses. The categories of occupation-related diseases
and the scope of medical treatment covered shall be governed by
the relevant provisions of the Labor Insurance Act.
2. When a worker under medical treatment is not able to work, the
employer shall pay him/her compensation according to his/her pre-
existing wage. The employer shall be released from such
compensation obligation by giving to the worker a lump sum
payment equal to forty months of average wage if the worker
failing to recover after two years of medical treatment has been
diagnosed and confirmed by a designated hospital as being unable
to perform the original work and so does not meet the disability
requirements under Subparagraph 3 hereof.
3. When after the termination of medical treatment the designated
hospital has definitely diagnosed that the worker is disabled
forever, the employer shall pay him/her a lump sum as disability
compensation in accordance with he/her average wage and the
degree of disability. The standards of disability compensation shall
be prescribed in the applicable provisions of the Labor Insurance
Act.
4. When a worker dies of occupational injury or disease, his/ her
employer shall pay funeral subsidy equal to five months of average
wage and a lump sum survivors compensation equal to forty
months of average wage to his/her survivors. The said survivors
compensation shall be paid to survivors in the following order:
a. Spouse and children,
b. Parents,
c. Grandparents,
d. Grandchildren, and
e. Brothers and sisters.
Article 60
The compensation paid by an employer in accordance with the
preceding article may be deducted from the payment of
compensation for damages arising out of the same accident.
Article 61
The statute of limitation for claim right to receive compensation
prescribed in Article 59 shall not be within two years from the date
of the employee becomes entitled to receive the said compensation.
The right to receive compensation shall not be prejudiced by the
severance of service by the particular worker, nor shall it be used
for transference, assignment, set-off, attachment, mortgage or
guarantee.
Workers or his/her survivors claiming occupational accident
compensation pursuant to this Act shall open a dedicated account
with necessary documents at a financial institution for the deposit
of occupational accidents compensation.
The deposits in the dedicated account of the preceding Paragraph
shall not be the objects of offset, mortgage, security or compulsory
execution.
Article 62
The owner of a business entity who contracts his/her work to a
subcontractor who subsequently subcontracts, the contractor, the
subcontractor, and the last subcontractor shall be jointly and
severally liable to pay the compensation prescribed in this Chapter
for occupational accidents related to the work performed by the
workers hired by the contractor and the subcontractor.
When a business entity or contractor or subcontractor pays
compensation for occupational accidents in accordance with the
provisions of the preceding paragraph, each may claim
reimbursement from the last subcontractor for the portion borne.
Article 63
Where a contractor's or subcontractor's work site is located within
the scope of work site of the original business entity or is provided
for by the same, the said original business entity shall supervise the
contractor or subcontractor to provide their hired workers with
such labor conditions as prescribed in applicable statutes and
administrative regulations.
A business entity shall be jointly and severally liable with the
contractor or subcontractor for the compensation of occupational
accidents caused to workers hired by the contractor or
subcontractor for having violated the provisions of the
Occupational Safety and Health Act pertaining to obligations which
the contractor or subcontractor are required to perform.
Article 63-1
When a dispatched worker working at dispatch-requiring entity
incurs an occupational accident, the dispatch-requiring entity and
the dispatching entity shall be jointly and severally liable for
compensation that an employer shall bear in accordance with this
Chapter.
If the dispatch-requiring entity or the dispatching entity has
already paid for compensation in accordance with the provisions of
the Labor Insurance Act or other applicable statutes and
administrative regulations, it may claim deduction.
If the dispatch-requiring entity and the dispatching entity violating
the provisions of the Act or the Occupational Safety and Health Act
shall be jointly and severally liable for the compensation of
occupational accidents caused to the dispatched worker.
The compensation paid by the dispatch-requiring entity or
dispatching entity in accordance with the Act may be deducted
from the payment of compensation for damages arising out of the
same accident.
Chapter Ⅷ Apprentices
Article 64
No employer shall be permitted to recruit any apprentice of less
than fifteen years of age, unless such apprentice has graduated
from the junior high school.
For the purposes of the Act, the term apprentice shall refer to a
person whose objective is to learn technical skills in a job category
prescribed by the competent authorities for apprentice training,
and who receives training from an employer in accordance with the
provisions of this Chapter.
The provisions of this Chapter shall apply, mutatis mutandis, to
foster workers and interns of a business entity, students under any
business-education cooperation project, and other persons similar
to apprentices in nature.
Article 65
In recruiting an apprentice, an employer shall sign a written
training contract in triplicate with each apprentice, particularizing
the training subjects, training period, boarding and lodging
arrangements, living allowances, relevant teaching subjects, labor
insurance, certificate of completion of training, the effective date of
contract, the conditions for the termination of the contract, and
other clauses relating to the rights and obligations of both parties
to the contract. One copy of the contract shall be kept by each
member of the parties thereto, and the remaining copy shall be
forwarded to the competent authorities for recording.
Without the prior consent of his/her legal guardian, no apprentice
referred to in the preceding paragraph shall be allowed to sign an
apprenticeship training contract if he/she is a minor
Article 66
No employer shall be permitted to collect training fees from an
apprentice.
Article 67
An employer may retain an apprentice upon expiration of his/her
training period and shall pay him the same wage rate payable to
other workers doing the same work. The retention period, if
specified in an apprenticeship training contract, shall not be longer
than the training period
Article 68
The number of apprentices shall not exceed one fourth of the total
number of workers. The number of workers shall be deemed four
for calculation purposes even if it is below that number.
Article 69
The provisions of Chapter IV pertaining to working hours, recess
and holidays, Chapter V pertaining to child workers and female
workers, and Chapter VII pertaining to compensation for
occupational accidents and other related labor insurance matters
shall apply mutatis mutandis to apprentices.
The standards for calculating the wages of an apprentice in
connection with compensation for occupational accidents shall not
fall below the basic wage.
Chapter Ⅸ Work Rules
 Article 70
An employer hiring more than thirty workers shall set up work
rules in accordance with the nature of the business, and shall
publicly display the said rules after they have been submitted to the
competent authorities for approval and record. The rules shall
specify the following subject matters:
1. Working hours, recess, holidays, annual paid leave of absence
and the rotation of shifts for continuous operations,
2. Standards, method of calculation and pay day of payable wages,
3. Length of overtime work,
4. Allowances and bonuses,
5. Disciplinary measures,
6. Rules for attendance, leave-taking, award and discipline,
promotions and transfer,
7. Rules for recruitment, discharge, severance, termination and
retirement,
8. Compensation and consolation payment for accident, injury or
disease,
9. Welfare measures,
10. Safety and health regulations to be followed and observed both
the employer and the worker,
11. Methods for communication of views and enhancement of
cooperation between employer and worker, and
12. Miscellaneous matters.
Article 71
The work rules shall be null and void if they violate any mandatory
or prohibitive provisions of statutes, administrative
regulations, or collective agreements applicable to a
particular business entity.
Chapter Ⅹ Supervision and Inspection
Article 72
To enforce the Act, other labor statutes and administrative
regulations, the Central Competent Authority shall either establish
a labor inspection agency or delegate this power to the competent
authorities in the municipal cities. The local competent authority
may also as necessary, dispatch staff members to conduct
inspections.
The organizational structure of the labor inspection agency
referred to in the preceding paragraph shall be prescribed by the
Central Competent Authority.
 Article 73
An inspector in the course of performing his official duties shall
display the Labor Inspection badge. No business entity may reject
such inspection. In the event the said business entity rejects
inspection, the inspector may enforce the visit in concert with the
local competent authority or the police.
An inspector in the course of performing official visit may request
the business entity to produce necessary reports, records, books of
account and other relevant documents or written explanations as
prescribed by the provisions of the Act. If it becomes necessary for
the inspector to obtain any raw materials, supplies, samples, or
information, a prior notice shall be given to the employer or his
agent and a receipt shall be issued to acknowledge the materials
given to him.
Article 74
A worker, upon discovery of any violation by the business entity of
the Act and other labor laws or administrative regulations, may file
a complaint to the employer, competent authorities or inspection
agencies.
An employer may not terminate, transfer, reduce the wages of, or
harm the rights and benefits in accordance with the law, contract
or norm of such a worker nor take any unfavorable measures
against the worker who files a complaint in accordance with the
preceding paragraph.
If the employer commits any of the actions mentioned in the
preceding paragraph, that action shall be null and void.
Upon receipt of a complaint of the type from the first paragraph,
the competent authority or the inspection agency shall conduct the
necessary investigations and notify the worker in writing of its
handling within sixty days.
The competent authority or the inspection agency shall keep the
identity of the complainant confidential and shall not disclose any
information which might reveal the identity of the complainant.
For those who violate the provisions of the preceding paragraph, in
addition to civil servants being held liable to criminal laws and
administratively responsible, shall be liable for damages to the
worker.
The central competent authority shall establish the rules and
regulations for competent authorities regarding the confidentiality
of accepting reported complaints and other matters that must be
complied with.
Chapter XI Penal Provisions
Article 75
An employer who violates the provisions of Article 5 shall be
imprisoned for a term not exceeding five years, detained and/or
fined a sum less than N.T.$ 750,000.
Article 76
Any person who violates the provisions of Article 6 shall be
imprisoned for a term not exceeding three years, detained and/or
fined a sum less than N.T.$ 450,000.
Article 77
An employer who violates Article 42, Paragraph 2 of Article 44,
Paragraph 1 of Articles 45, Article 47, Article 48, Paragraph 3 of
Article 49 or Paragraph 1 of Article 64 shall be sentenced to a
maximum of 6 months imprisonment, detained, or fined a
concurrent maximum amount of NT$300,000.
Article 78
Employers failing to pay severance pay or pensions in accordance
with the criteria or timelines set forth in Article 17, Paragraph 7 of
Article 17-1, and Article 55 shall be subject to fines between
NT$300,000 and NT$1.5 million and shall be ordered to make the
payment within a given period; failure to make payments shall be
fined consecutively.
Employers violating Article 13, Paragraphs 1 and 4 of Article 17-1,
Articles 26, 50 and 51 or Paragraph 2 of Article 56 shall be subject
to fines between NT$90,000 and NT$450,000.
Article 79
Employers found to have any of the following conditions shall be
subject to fines between NT$20,000 and NT$1,000,000:
1. In violation of Paragraph 1 of Article 21, Articles 22 to 25,
Paragraphs 1 to 3, 6 and 7 of Article 30, Article 32, Articles 34 to
41, Paragraph 1 of Article 49, or Article 59；
2. Failure to pay wages within a given period as ordered by the
competent authority in accordance with Article 27 or to adjust
working hours as required by the competent authority in
accordance with Article 33;
3. Failure to pay the minimum requirement of wages as defined by
the central competent authority in accordance with Article 43 for
work durations other than holidays and personal leave.
Employers violating Paragraph 5 of Article 30 or Paragraph 5 of
Article 49 shall be subject to fines between NT$90,000 and
NT$450,000.
Those in violation of Article 7, Paragraph 1 of Article 9, Article16,
Article19, Paragraph 2 of Article 28, Article 46, Paragraph 1 of
Article 56, Paragraph 1 of Article 65, Articles 66 to 68, Article 70 or
Paragraph 2 of Article 74, shall be subject to fines between
NT$20,000 and NT$300,000.
For those having violations of any of the three preceding
provisions, the competent authority, in accordance with the size of
businesses, the number of those being violated or the
circumstances of the violations, may increase the penalty by an
additional 50% above the maximum amount of the legal fine.
Article 79-1
Penalty applying mutatis mutandis to violations to Paragraphs 2
and 4 of Articles 45, Paragraph 3 of Article 64 and Paragraph 1 of
Article 69 is applicable to the Penal Provisions of this Act.
Article 80
Any person who refuses, avoids or obstructs a labor inspector in
the performance of his/her official duties shall be punished by an
administrative fine of no less than N.T.$ 30,000 but not exceeding
N.T.$ 150,000.
Article 80-1
For the business entity that is fined for violations of the Act, the
competent authority shall publicly announce the name of such
business entity or its owner(s), the person(s) in charge, the date of
the disposition, the violation of the provisions and the amount of
the disposition, shall also order such business to make
improvements within a given period; failure to make improvements
shall be fined consecutively.
The competent authority may determine the amount of the fine in
accordance with the number of employees that the violation
involves, the number of violations accumulated or the amounts to
be paid according to law.
Article 81
If the representative of a legal entity, the agent of a legal entity or
a natural person, an employee or any other staff member violates
the Act in the rendering of his respective services, the violator shall
be punished pursuant to this Chapter; in addition, the legal entity
itself or the natural person shall also be subject to punishment by
such fine or administrative fine as prescribed in the respective
articles of the Act; unless the representative of the legal entity or
the natural person has done his best to avoid the occurrence of the
violation.
The representative of a legal entity or the natural person shall be
deemed as an offender, if he/she instigate or ignores the violation.
Article 82
Where an administrative fine remains unpaid after a demand for
payment from the competent authority, the case shall be referred
to the court for compulsory execution.
Chapter XII Supplementary Provisions
Article 83
A business entity shall hold meeting to coordinate worker-employer
relationships and promote worker-employer cooperation and
increase work efficiency. The regulations governing for labor-
management conference shall be prescribed by the Central
Competent Authority in concert with the Ministry of Economic
Affairs and then reported to the Executive Yuan for approval.
Article 84
In the case of a civil servant who also has the legal status of a
worker, civil service laws and regulations shall govern such matters
as appointment, discharge, wage, salary, award and discipline
retirement, survivors compensation and insurance (including that
for occupational accidents). If the rest of the labor conditions are
more favorable than the relevant provisions of the Act, the more
favorable parts shall apply.
Article 84-1
After the approval and public announcement of the Central
Competent Authority, the following types of workers may arrange
their own working hours, regular days off, national holidays and
female workers' night work through other agreements with their
employers. These agreements shall be submitted to the local
competent authorities for approval and record and shall not subject
to the restrictions imposed by Articles 30, 32, 36, 37 and 49 of the
Act:
1. Supervisory, administrative workers, and professional workers
with designated responsibility,
2. Monitoring or intermittent jobs, and
3. Other types of job in special nature.
The agreement made under the preceding paragraph shall be in the
form of written document. They shall use the basic standards
contained in the Act as reference and shall not be detrimental to
the health and well-being of the workers.
Article 84-2
The seniority of a worker is calculated from the first day of his/her
employment. The standards of severance and retirement benefit for
the seniority accumulated before the application of the Act shall be
calculated in accordance with the applicable Acts and
administrative regulations effective during that time. In cases there
were no applicable Acts and administrative regulations, these
standards shall be calculated in accordance with the rules
promulgated by the respective business entities or the agreements
reached by workers and employers themselves. After the
application of the Act, the standards of severance pays and
retirement benefits for the seniority accumulated shall be
calculated in accordance with Articles 17 and 55 of the Act.
Article 85
The enforcement rules of the Act shall be prescribed by the Central
Competent Authority and reported to the Executive Yuan for
approval.
Article 86
This Act shall take effect from the day of promulgation.
Amendments to Paragraphs 1 and 2 of Article 30, which were
promulgated on June 28, 2000, however, entered into force from
January 1, 2001; amendments to Paragraph 1 of Article 28, which
were promulgated on February 4, 2015, shall take effect eight
months after promulgation; amendments to the provisions of the
Act, which were promulgated on June 3, 2015, shall take effect
from January 1, 2016; the date on which Paragraph 2 of Article 34,
which was amended and promulgated on December 21, 2016, takes
effect shall be prescribed by the Executive Yuan, Articles 37 and 38
shall take effect from January 1, 2017.
The provisions of the Act amended on January 10, 2018, shall take
effect from March 1, 2018.
 Article 15
Employers shall stop female employees from working and grant
them a maternity leave before and after childbirth for a combined
period of eight weeks. In the case of a miscarriage after being
pregnant for more than three months, the female employee shall be
permitted to discontinue work and shall be granted a maternity
leave for four weeks. In the case of a miscarriage after being
pregnant for over two months and less than three months, the
female employee shall be permitted to discontinue work and shall
be granted a maternity leave for one week. In the case of a
miscarriage after being pregnant for less than two months, the
female employee shall be permitted to discontinue work and shall
be granted a maternity leave for five days.
The computation of wage during maternity period shall be in
accordance with related laws and regulations.
When pregnant employees are diagnosed by a physician as needing
to recuperate, their leave-taking and wage during the period of
medical treatment, care, or recuperation, shall be in accordance
with related laws and regulations.
During an employee’s term of pregnancy, their employer shall
grant seven days of leave for pregnancy checkups.
When an employee accompanies their spouse for pregnancy
checkups or such spouse is in labor, their employer shall grant the
employee seven days off as pregnancy checkup accompaniment and
paternity leaves.
Regular wages shall be paid for pregnancy checkups, pregnancy
checkup accompaniment and paternity leaves.
For the payment of wages for the periods of pregnancy checkups,
pregnancy checkup accompaniment and paternity leaves in
accordance with the provisions of the preceding Paragraph,
employers may apply to the central competent authority for
subsidies for the payment of wages for the parts of periods
exceeding a five-day period of leave, excluding the situations in
which a period of pregnancy checkups, pregnancy checkup
accompaniment and paternity leaves of over five days and the
regular wages are required to be granted in accordance with other
laws or regulations.
The distribution of the subsidies stated in the preceding Paragraph
shall be handled by the Bureau of Labor Insurance of the Ministry
of Labor under the appointment by the central competent authority.
 Article 16
After being in service for six months, employees may apply for
parental leave without pay before any of their children reach the
age of three years old. The period of this leave is until their
children reach the age of three years old but may not exceed two
years. When employees are raising over two children at the same
time, the period of their parental leave shall be computed
aggregately and the maximum period shall be limited to two years
received by the youngest child.
During the period of parental leave without pay, employees may
continue to participate in their original social insurance program.
Premiums originally paid by the employers shall be exempted and
premiums originally borne by the employees shall be deferred for
three years.
Pursuant to the Family Proceedings Act and the Protection of
Children and Youths Welfare and Rights Act, employees having
lived with adopted children prior to the adoption may apply for
parental leave without pay for the period they have lived together
in accordance with the first Paragraph.
Allowance during parental leave without pay shall be prescribed by
other laws.
Measures for implementing matters concerning parental leave
without pay shall be prescribed by the central competent authority.

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