Foreigners in Taiwan - 外國人在臺灣
  • Home 首頁
  • Blog 部落格
  • Taiwan FAQ 常見問題
  • Blog Index 部落格指南
  • Maps 地圖
  • About 關於我們
  • Contact Us 聯絡我們
  • Privacy 隱私
  • Home 首頁
  • Blog 部落格
  • Taiwan FAQ 常見問題
  • Blog Index 部落格指南
  • Maps 地圖
  • About 關於我們
  • Contact Us 聯絡我們
  • Privacy 隱私

Blog Posts

A Foreigner’s Thoughts on the Tsai Administration’s new Taiwan Labor Standards Act (一例一休)

2/23/2017

0 Comments

 
            Last year, the Tsai administration passed an amendment to the Taiwan Labor Standards Act that implemented a 5 day work day for everyone, along with other things such as more annual leave, 7 less national holidays, and restrictions to overtime.
 
        Here is a good news article that gives background for those who are unfamiliar with the new law: http://englishnews.ftv.com.tw/read.aspx?sno=FE070FFEA86AC2869E1665CEDFD0E27A
 
Q and A:
        Q: Is this important?
A: Yeah, it is. It’s a big deal for everyone working in Taiwan. The Labor Standards Act hasn’t been amended in over 30 years, and it is long overdue.
        Q: Is it a good thing?
A: Yes. It’s not perfect overall but it is an improvement to society in general
        Q: How will this affect Taiwan’s economy?
A: In my opinion, productivity and efficiency should increase in the workplace, and some jobs might go overseas. Labor costs may increase.
        Q: What is this law changing?
A: 5 day work day for everyone (one set rest day and one flexible rest day), along with other things such as more annual leave, 7 less national holidays, more rights given to workers, and restrictions to overtime (overtime on rest days is multiplied, and no more than 46 hours of overtime can be clocked per week).
        Q: How do foreigners feel about it?
A: We think it’s great. Please read our full opinion below.
 
                                                                         Our Opinion
 
Not a day goes by that I don’t hear about this law is in the news. Some people like it, some don’t. However, not a lot of people seem to really know what it is. I was one of those people, until I heard about a conference that would explain this law to a crowd of HR representatives. I got permission from my company to go. This conference was comprised of speakers featuring the former Taiwan labor minister and some professors from local Taiwan universities who were experts on this topic. Below is more or less a summary of what I learned there.

What this law is:
The fundamental part of this law is a 5 day work week; there are two days break every seven days. These two days are flexible. One of these days has to be the same day every week, like every Sunday (例假). The other day (休假) is more flexible, and can be any other day within the seven days. Also, this other day (休假) can be carried over to other weeks, up to eight weeks. This means that one week there might be 6 work days but the next week will only have 4 work days, etc. I don’t think I need to get into more detail here; suffice it to say that this day is flexible.
 
Thanks to this new law, salary for overtime on rest days is multiplied, and no more than 46 hours of overtime can be clocked per week. Overtime that goes over 2 hours is also multiplied.
 
More yearly vacation is given to employees that stay in the company for at least 6 months. Seven national holidays are gone. Minimum wage has been raised. There are many other details, but I will stop for now because I know you don’t care unless you work in HR at a Taiwanese corporation.

What this law means for companies:
The new Labor Standards Act is the lowest standard for companies to meet. This is not supposed to be the top bar, but unfortunately many Taiwanese companies see it as such. You might say it is unfair to set the same labor standard for every industry, as every industry is different. However, it would actually be more unfair to change this standard for every industry, as this is a pretty low standard as it is.
 
Companies should be setting a higher standard. Every industry is different, so they should figure out how to satisfy and attract employees themselves according to their own circumstances, and not rely on the government to set a standard and then give support when workers revolt. As one of the speakers put it (and I’m completely paraphrasing here):
 
Following this minimum standard is like driving 60km on the highway from Taipei to Kaohsiung; everyone is going to be honking at you and passing you. It’s not where companies are should be. Sadly, most companies in Taiwan only follow the lowest labor standards. Once, a CEO of a company with 2000 employees boasted (to one of the professors) at how he followed the Labor Standards exactly. Even so, he was still not better than any other owner of a street noodle stand that gives the same benefits.
 
Companies, especially large companies, need to be setting a higher bar, especially if they want to stop professionals from leaving Taiwan for better salaries and benefits overseas. As the newer generation demands more and more benefits (as seen from recent studies), companies that fall behind with basic benefits will have a hard time finding talent.

What this means for employees:
Let me preface by saying that Taiwan law hasn't changed its labor standards in over 30 years; these were way outdated and in desperate need of revision.
 
One of the best parts of this law is that it increases annual leave for everyone. One of the biggest changes in this area was the addition of three days for those that have worked in a company for over 6 months. This affects me directly, so I was pretty happy about it. More annual vacation is good, especially for new workers who are the most stressed and need it most. According to one of the speakers in the seminar I attended, workers that do not take vacation are ineffective (again paraphrasing from the Chinese):
 
 Think back to when you went to school. We all looked up to those kids with good grades that still had time to go out and have fun. We looked up also to the kids that had fun but didn’t get good grades, and the kids that got good grades but didn’t have much fun. The group that no one envies is those that get poor grades and have no fun; this is exactly what people that never take vacation are.
 
Everyone will get tired throughout the year. We are not robots. Taking rest is not only good for employees; it is good for the companies. Taking a break makes employees happier, more motivated, and gives them more energy to complete their work. Therefore, taking breaks is profitable for the company. Under this logic annual leave is compensated according to Taiwanese law.


Another great thing about this amendment is that it gives employees more control over their annual leave. In the old system, employees had to come to an agreement with their employer before they could take annual leave, which prevented many people from using it up. However, now the decision of when to take yearly leave is given totally to the workers. Now, employees will have more flexibility for their vacation time and be able to receive adequate rest.
 
Something that might be bad for employees is that Taiwan basically gives them no power if there is a dispute with an employer. Worker’s unions can only be organized in companies that have over 30 employees. Many companies cut the number of employees for this reason. In fact, 97% of employees in Taiwan have no access to a worker’s union. Also, unlike other countries, Taiwan has never really gone through a worker’s revolution. Taiwanese corporations have pretty much always had power to push around employees and bend their will. Taiwanese people are usually too embarrassed to say no to overwork (this has a lot to do with Taiwanese culture). In fact, many Taiwanese companies give monetary reward for not taking any leave at all, which is unproductive for everyone. Also, many workers are afraid to leave the office if their boss has not left yet, which is ridiculous to me but it is part of their culture.
 
Alternatively, one might argue that this new Labor Standards Act might actually be harmful to worker’s unions, because if a company follows this basic standard, then Taiwanese companies will have very little leverage in improving the working environment.
 
What this means for foreign workers:
When I worked in a cram school, my boss broke every rule in the book. She payed under the table, worked me under the table, made everyone work overtime with no compensation at all, and didn’t give me health or labor insurance for my first 6 months. My fellow foreign coworker had been working in the same system for over 2 years. Although he complained that it was like hell for him, he didn’t care because he got his paycheck every month and at night he could go out to the clubs, get hammered, and play in his indie band on the side. To all of you foreigners working with the devil as your Taiwanese boss, stand up for yourselves!
 
As for me, I didn’t even know what the Taiwanese labor standards were at the time. For you, there is a clause called the whistleblower policy. This protects you against any retaliation that the boss might try on you if you turn them in. You are protected from them taking away your salary or punishing you in any way according to the law. If you or your coworkers are working overtime, make sure you are getting overtime pay. If the company is searched by the authorities and they do not give them your clock-in sheet, they will automatically be fined 90000.
 
My advice to foreigners: if you see any problems within your company, particularly if they are not following these standards, and your boss refuses to solve them, then call the labor office. Only through enforcement of this act can we improve the working lives of foreigners and Taiwanese alike.
 
-Larry
 
P.S. If you have any questions about this, feel free to send us a message via Twitter.



0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

     Author 作家

    We are US Expats that have extensive experience living, working, and travelling in Taiwan. In our day, we had to learn many things about Taiwan the hard way. But we have come to learn that Taiwan is one of the best places in the world for Foreigners to live. ​Our blog does not represent the opinions of every foreigner in Taiwan. We are just trying to help others learn more about this beautiful country.

    ​​我們是在台灣的外國人!我們透過額部落格想要幫助外國人了解台灣生活,旅遊,和商業的環境!我們不代表所有在台灣的外國人, 我們只是想要幫助世界各地的人了解台灣美好的一切! (美國人在管理)

    Archives 檔案

    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    April 2017
    March 2017
    February 2017
    December 2015
    November 2015
    October 2015
    June 2015
    May 2015
    December 2014
    November 2014
    October 2014
    September 2014
    June 2014
    May 2014

    Categories
    ​類目

    All
    2006120221
    Aboriginal Culture 原住民文化
    Alishan-384633732423665
    Alishan-384633732423665
    Amusement Parks 娛樂園
    Aquariums 海洋館
    Art 藝術
    Basic Info 基本資訊
    Beaches 海灘
    Blogroll 部落格名單
    Bridges 橋梁
    Buddhism 佛教
    Buddhism 佛教
    Business 商業
    Business 商業
    Camping 露營
    Car Driving Test 考汽車駕照
    Car Rental 租氣車
    Caves 山洞
    Changhua 彰化
    Chiayi 嘉義
    Children Activities 小孩活動
    Chinese Film 中文電影
    Chinese Language 中文
    Chinese Language 中文
    Chinese Literature 中文文學
    Chinese Literature 中文文學
    Chinese Pollution 中國污染
    City Parks 都市公園
    Click Bait 點擊誘餌
    Coal Mining 煤礦
    Confucius Temples 孔廟
    Cycling 騎腳踏車
    Cycling 騎腳踏車
    Daily Life 日常生活
    Daoism 道教
    Driving In Taiwan 開車
    Drone Flying 飛空拍機
    East Taiwan 東部
    Ershui 二水
    Events 活動
    Festivals 節日
    Fish Foot Massage 溫泉魚
    Floral Sea 花海
    Food
    Food 食物
    Forts 堡壘
    Fruit 水果
    Geography 地理
    Geography 地理
    Geology 地質
    Golf 高爾夫球
    Green Energy 綠色能源
    Growing Bananas 種香蕉日記
    Guest Blog Posts 客人部落格
    Hakka Culture 客家文化
    Hiking
    Hiking 爬山
    Historical Buildings 歷史建築
    Historical Buildings 歷史建築
    Hot Springs 溫泉
    Hot Springs 溫泉
    Hsinchu 新竹
    Hualien 花蓮
    Immigration/Visa 移民/簽證
    Japanese Era 日治時期
    Jiaoxi 礁溪
    Jiaoxi 礁溪
    Kaohsiung 高雄
    Keelung 基隆
    Kenting 墾丁
    Kinmen 金門
    Lakes And Reservoirs 湖及水庫
    Lighthouses 燈塔
    Longdong 龍洞
    Lukang 鹿港
    Luodong Night Market 羅東夜市
    Maolin 茂林
    Matsu Islands 馬祖列島
    Miaoli 苗栗
    Migrant Workers 外籍勞動
    Monkeys 猴子
    Monkeys 猴子
    Mountain Biking 越野
    Mountain Biking 越野
    Museums 博物館
    Nangang 南港
    Nantou 南投
    National Forest Recreation Areas 國家森林游樂區
    National Palace Museum 故宮
    National Palace Museum 故宮
    National Parks 國家公園
    Natural Scenery 自然風景
    New Taipei 新北市
    Night Market 夜市
    Northern Coast 北海岸
    Not Taiwan 台灣以外的地方
    Nuclear Power 核能
    Nuclear Power 核能
    Offroading 越野
    Old City Gates 古城門
    Old Streets 老街
    Old Trails 古道
    Orchid Island (Lanyu 蘭嶼)
    Outer Islands 外島
    Pathos And Logos 情與理
    Penghu Islands 澎湖群島
    Pingtung 屏東
    Pingxi Railway 平息火車綫
    Politics 政治
    Politics 政治
    Qing Dynasty Era 清朝時代
    Railways 鐵路
    Recreational Farms 休閑農場
    River Tracing 朔溪
    Rock Climbing 攀岩
    Sailing 帆船
    Scooter Driving Test 考機車駕照
    Scooter Rental 租機車
    Scooter Rental 租機車
    Seafood Markets 海鮮市場
    Shiding 石碇
    Shilin Night Market 士林夜市
    Shilin Night Market 士林夜市
    Shopping 購物
    Sicao Green Tunnel 四草綠色隧道
    Smokestacks 烟囪
    Snorkeling 浮潛
    Snorkeling 浮潛
    Starting A Taiwan Business 創業
    Starting A Taiwan Business 創業
    Sun Moon Lake 日月潭
    Sun Moon Lake 日月潭
    Surfing 3490928010
    Taichung 臺中
    Tainan 3327421335
    Tainan-3327421335
    Taipei 101 101
    Taipei 101 2148821271 101
    Taipei-101-2148821271-101
    Taipei 2148821271
    Taipei-2148821271
    Taipei Zoo 台北動物園
    Taipei Zoo 台北動物園
    Taipei 臺北
    Taipei 臺北
    Taitung 臺東
    Taiwanese Spouse 台灣配偶
    Taiwan FAQ 臺灣常見問題
    Taiwan History 台灣的歷史
    Taiwan History 台灣的歷史
    Taiwan's Economy 台灣經濟
    Taiwan's Economy 台灣經濟
    Taiwan Temples 臺灣的廟
    Tamsui 淡水
    Taoyuan 桃園
    Taroko Gorge 太魯閣
    Tax 稅
    Top 10 前十名
    Top 10 前十名
    Top 5 前5名
    Transportation 交通
    Tsai Yingwen 蔡英文
    Turtle Island 龜山島
    Turtle Island 龜山島
    Typhoons 颱風
    Ultimate Guide 極限指南
    Urbex 城市探險
    Waterfalls 瀑布
    Weather 天氣
    White Terror 白色恐怖
    Wildlife 野生動物
    Women In Chinese Society 女士們在中國社會
    Working In Taiwan 在台灣工作
    Working In Taiwan 在台灣工作
    Wulai Hot Springs 烏來溫泉
    Xiaoliuqiu 小琉球
    Xitou 溪頭
    Xitou 溪頭
    Xizhi 汐止
    Yangmingshan 陽明山
    Yilan 宜蘭
    Yunlin 雲林
    Yushan (Jade Mt.) 玉山
    Zhongtaishan 中台山
    Zoos 動物園

    RSS Feed



Looking for a hotel? Find out where to stay in our Taiwan hotels guide or search for the best hotels deals in Taiwan here.

Follow us on social media:


Follow @foreignersinTW