Hiring in Taiwan FAQ
1. What are the main laws and regulations pertaining to the employment relationship (particularly as they relate to hiring employees)?
The main laws and regulations pertaining to employment relations in Taiwan are (1) The Labor Standards Act 1984, (as amended, most recently on 25 December 2002): to provide minimum standards for working conditions, protect workers' rights and interests, improve employee-employer relationships and promote social and economic development. (2) The Employment Services Act 1992 (as amended, most recently on 11 July 2007): to promote nationals’ employment with a view to enhancing social and economic development.
2. Are there rules or laws requiring that certain candidates or groups of candidates be given preferable or affirmative consideration?
The Employment Services Act gives preferable or affirmative consideration to Taiwan nationals over foreigners by stipulating that no employment of foreign workers should jeopardize nationals’ opportunities in employment. Other than that, the Employment Services Act, Article 5, stresses nationals’ equal opportunities in employment and prohibits employers from discriminating against any job applicant or employee on the basis of race, religion, age, gender, sexual orientation, marital status or disabilities, and so on. Meanwhile, regulations made pursuant to the two main Acts give various incentives, such as subsidies for employers who hire persons with disabilities, and disincentives, such as responsibilities to contribute to the subsidy fund, for those employers who do not.
3. Are there any age limits on who may be hired for a particular job?
Yes. According to the Labor Standards Act, Articles 44 and 45, generally employers cannot hire people younger than 15 years of age; and employers cannot hire people above 15 but under 16 to do heavy and dangerous work. As regards a maximum age limit, according to the Labor Standards Act, Article 54, generally speaking, employers can oblige employees who have reached 60 years of age to retire. However, according to the Employment Services Act, Article 5, employers are prohibited from discriminating against any job applicant or employee on the basis of age.
4. Who can work in the country, and what are the requirements for proof of citizenship, foreign work visas, etc.?
All Taiwan nationals are permitted to work in Taiwan. Further, according to Employment Services Act, Articles 43 and 46, foreigners can work in the country only if their employers have got approvals (working permits) from the authorities and the available types of work are limited to the following fields:
- Specialized or technical work;
- Director/Manager/Executive of a business invested in or set up by overseas Chinese or foreigner(s) with the authorization of Taiwan government;
- Teacher at the following schools:
- Teacher at a public or registered private college/university or school established especially for foreign residents;
- Approved teacher teaching course(s) on foreign language(s) at a public or registered private high school or below; or
- Teacher teaching course(s) at a public or registered private experimental high school’s bilingual department or at bilingual school;
- Full-time teacher teaching course(s) on foreign language(s) at a short-term class
registered for supplementary schooling in accordance with the Supplementary
- Sports coach or athlete;
- Religious, artistic, or show business work;
- Crew member of a merchant vessel, working vessel, or vessel permitted by the Ministry of Transportation and Communication;
- Marine fishing/netting work;
- Household assistant;
- Work designated by the authorities in response to national major construction project(s) or economic/social development needs; and
- Other specialized work approved by the authorities due to the lack of such
specialists in the domestic employment market and due to the business necessity
to retain the service of such specialists.
Also, employers can hire foreigners only if the employers meet the capital and revenue requirements set forth in the regulations made under the Employment Services Act.