While onboarding an individual from Taiwan, the first step that employers must look into the labor market is to be acquainted with the country’s employment laws and regulations. Some of the policies that Taiwan observes for the local employees are below.
Employee Contract
Public and Provincial Holidays
Leave Information
Basic
The Employee contract may be in Mandarin, Hokkien, English, or in any language that all parties understand. In such cases that contracts are in question with the authorities, they must be translated into Chinese before submitting to court as evidence.
Probation Period
Taiwan labor Act does not explicitly define probationary periods, certain practices and legal principles apply.
13th Month Pay
The 13th-month salary in Taiwan is not mandatory. However, it has been customary for businesses to give their employees a bonus during the Lunar New Year.
Employee Benefits
Employers may provide the following benefits to their employees:
The payroll cycle in Taiwan is generally monthly, and payments are usually paid on the 15th of each month.
Taiwan has a minimum wage of TWD 28,590 (New Taiwan dollars) per month or TWD 190 per hour.
The overtime pay in Taiwan
Employer Payroll Cost:
| Program |
Insurance Rate |
Contribution |
| Labor Insurance |
11.5% |
70% |
| Labor Pension |
- |
6% |
| National Pension Insurance |
10.5% |
|
Employee Payroll Cost:
| Program |
Insurance Rate |
Contribution |
| Labor Insurance |
11.5% |
20% |
| Labor Pension |
- |
6% (Voluntary) |
| National Pension Insurance |
10.5% |
30% to 60% |
Employee Income Tax
| Annual Income (TWD, New Taiwan dollars) |
Tax Rate (%) |
| 0 – 590,000 |
5% |
| 590,001 – 1,330,000 |
12% |
| 1,330,001 – 2,660,000 |
20% |
| 2,660,001 – 4,980,000 |
30% |
| Above 4,980,000 |
40% |
VAT
The standard VAT rate in Taiwan is 5%. However, it can be reduced to 2% or zero, depending on the circumstances.
Dismissal of an employee is permissible for the following reasons:
- Closure of business or transfer of ownership.
- Company operations are suspended for more than one month by force.
- Change of company business nature, requiring a reduction in the number of employees, and there are no suitable job openings for redundant employees.
- The employee is confirmed to be incompetent to carry out the work assigned to him or her.
- A notice and pay severance to the employee is needed; unless an employee misrepresents facts at the time of signing the employment contract, violence against the employer, the employer’s family, or fellow employees, the employee is absent from work for three consecutive days or for six days in a month without justifiable reason, or the employee causes damage purposefully.
Taiwanese employees under their probationary period will have up to 10 days of notice period. After probation, they are entitled to up to 30 days of notice period.
Severance pay
If the employment began before 2005 under the Labor Standards Act, severance pay is equivalent to 1 month of average wages for each year of employment. Employees who have worked for less than 1 year receive prorated severance pay.
If the employment began after 2005 under the Labor Pension Act, severance pay is calculated based on one month’s average wages for each year of employment. However, the amount paid for each year is equal to 50% of the employee’s average monthly salary.
Foreign employees planning to work in Taiwan must acquire the following documents to legally stay in the country:
- Taiwan work permit
- Alien Residence Certificate
- Taiwan work visa