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Information on fixed-term and non-fixed term contracts for workers employed in the Republic of China (Taiwan)...
Most employment law in Taiwan is covered in the Labour Standards Act (LSA). Some occupations and industries are not covered by the LSA; the Civil Code covers terms and conditions in individual contracts not covered by the LSA.
There are two types of employment contract recognised by the LSA: fixed-term and non-fixed-term employment. Fixed-term employment can be:
- Temporary or short-term work of up to six months.
- Seasonal work, of no more than nine months duration.
- Special work, the duration of which is specified; approval is needed if such employment will last longer than a year.
Any employer who has more than 30 employees is required to have written work rules registered with the local labour authority. The following points must be addressed and act as an employment contract for employees who do not have an individual contract:
- Standard days of work and working hours
- Rest times
- Overtime pay
- Health and safety regulations
- Termination of employment, severance and retirement
- Compensation for occupational hazards and accidents
Individual employment contracts should include all of the above information as well as points on:
- The place of work
- The calculation of pay, the day and method of payment
- Information on pension
- Information on education and training
- Information on awards and discipline procedures
Individual contracts have not been the norm in Taiwan, but are becoming more common. All foreign workers in Taiwan should sign a fixed-term employment contract with their employer. The contract should be written in Chinese, with a copy in the foreigner’s mother tongue.
- To download a copy of the Labour Standards Act: Click here (in Chinese)
- For further information about employment law in Taiwan from HRM Asia: Click here