So here I am during the work makeup day. This is a fair and legal day for every company in Taiwan to exploit their workers because we get a “make up day off” next Friday as part of the Tomb Sweeping festival. But it is a dated, backward, and unproductive practice, and part of a broken labor system that demoralizes an already tired workforce, and it should be dismantled.
Demoralizing an already tired workforce
Is it completely necessary to have us work on Saturday just because of an extended weekend? I’m not in a position to do a search on this, but I know that in America such a policy would be laughed at, and other advanced countries have never adopted this either. Why would any foreign professionals want to work in such a backward labor environment?
I mean, do we have to give our employer an extra day of work for every day we take off?
Just give us a day off! What’s so hard about that? If it’s an extended holiday, what’s one more day off in the 200+ days that we work a year going to do? Is one day so important that we have to work on a weekend and sacrifice our shopping, playing, fixing the house and other chores, and precious time with our family? We all hate life right now and we are unproductive.
請讓我們存粹放假吧！這有什麼難的？ 如果這是一個連假，我們每年工作200天以上，多一天休息有什麽影響？ 一天這麼重要，我們必須在周末工作，犧牲我們的購物，玩耍，修理房子和其他家事，並且與家人在一起的寶貴時間。 我們都討厭今天來上班，而且我們今天上班沒有什麼效益。
Also, this policy isn’t good for the economy. We don’t have another day to spend our disposable income! It’s the best weather of the year right now too! If I had time I would be out and about and putting money into some tourist spot with a beach.
此外，這項政策對經濟不利。 我們沒有其他時間花我們的多餘收入！ 現在也是今年最好的天氣！ 如果我有時間，我會出去散散步，把錢放到沙灘的旅遊景點上。
And what about the seventh day Adventists? Isn’t this policy infringing on their religious liberty?
Are we actually doing anything productive now on this work makeup day? No, not at all. We are totally overworked and have nothing to look forward to, except a very distant tomb sweeping day extended weekend. Why do we give ourselves a one day weekend when some European countries are already implementing a 3 day weekend system? Are we sweatshop workers?
現在我們在這個補班日實際上是否做了一些富有成效的工作？一點也不。 我們完全過度勞累，沒有什麼值得期待的，除了一個非常遙遠的清明節週連假。 為什麼我們給自己周休一日，但是一些歐洲國家已經實施了周休三日？ 我們是血汗工廠工人嗎？
I worked in a sweatshop in China as part of an internship during the winter of 2014. It was a shoe factory. We worked every Saturday, and most of the workers only got 2 Sundays off a month. Less than two decades ago, Taiwan was in a similar situation; everyone worked at least a half day on Saturday. This might explain why they are taking so long to change their labor policy, but there is more to the story.
2014年冬季，我曾在中國的一家血汗工廠工作。這是一家鞋廠。 我們每個星期六都工作，大多數工作人員每個月只得到2個星期日的休假。 不到二十年前，台灣也處於類似情況; 每個人在星期六至少工作了半天。 這可能也是為什麼臺灣花了很長時間來改變他們的勞動政策，但這個故事還有更多細節。
A Wider Problem
Taiwan has some of the highest working hours in the world, ranking in the top 3, behind Mexico and Singapore and it’s getting worse. However Singapore has an advanced economy and workers are getting compensation 90,000 NT per month for new employees. Starting salaries in Shanghai and Shenzhen have also risen above Taiwan’s.
台灣擁有世界上第三高的工作時間，在墨西哥和新加坡的後面，情況正在惡化。 然而，新加坡經濟發達，新員工每月可獲得9萬新台幣的補償。 在上海深圳起薪也上升了台灣。
Taiwan has been giving its workers less and less days off overtime, in exchange for more “annual leave” that may or may not be used.
In 2015 2 people died every month form overwork in Taiwan, and its rising now.
The new labor standards change this year raises the weekly working hours from 46 to 54. The 2018 change to be able to work 12 days in a row is destroying the 5 day work week principle, as well as worker’s rights to rest, not to mention all the illegal work and overtime going on in Taiwan under the table.
In order to pass this bill into law, a survey was put out by the legislative yuan, not a third party. They interviewed 800 people over house phones during the day time, which would be old people and housewives, which do not have day jobs. It was reported that 66% of people don’t understand this law, and yet 57% support it, does that make any sense to you? Anyway, the government bowed to big business and immorally passed it into law.
為了將這項法案通過法律，立法院沒有用第三方進行了一項調查。 他們在白天採訪了800以上的家庭電話，這將是沒有日常工作的老年人和家庭主婦。 據報導，66％的人不了解這項法律，但有57％的人支持，這有道理嗎？ 無論如何，政府向大企業屈服，不道德地將其方案為法律。
But let’s talk about the real elephant in the room. Most Taiwanese workers cannot join unions and voice their rights as workers. In Taiwan, a company needs 30 or more employees before it can make a workers union, which is only 3% of total companies in Taiwan. For most other Asian countries, this number is less than 7. If more Taiwanese people were able to form their own unions, perhaps we wouldn’t have such backward labor laws.
讓我們來談談真正的大問題。 大多數台灣工人不能加入工會，並以工人的身份表達自己的權利。 在台灣，一家公司需要30多名員工才能組建工會，這只佔台灣公司總數的3％。 對於大多數其他亞洲國家來說，這個數字還不到7位就可以組織工會。如果更多的台灣人能夠組建自己的工會，也許我們不會有這樣落後的勞動法。
Taiwan wants to keep its competitive edge as a place with low cost of labor, but it is shooting itself in the foot. Right now, most factories are using cheap immigrant labor from Southeast Asia (that are more like bonded slaves). They should instead invest in robot technology in factories, which are more efficient and productive, and leave inhumane work for the non-humans.
台灣希望保持其競爭優勢，成為勞動力成本低廉的地方，但它卻在傷害自己。 目前，大多數工廠都在使用東南亞的廉價移民勞工（更像是奴隸）。 他們應該在機器人技術方面投資於工廠，這些工廠效率更高，生產效率更高，並且廢除非人性的工作。
Last makeup work day, I took the day off just to spite the system. But now I am here to moan complain and write a rant in my spare time at work (On a good note my boss has treated us all to some delicious milk drink for our labors this day).
Taiwan needs to give its workers back their rest days and their weekends. It also needs to lower the limit for labor unions, so that workers can fight for their rights and continue to lobby to improve the law. When this happens, Taiwan workers will be happier, more productive, and willing to stay. Otherwise, the brain drain will continue, and foreign professionals will not want to work here.
台灣需要還給員工他們的休息日和周末。 臺灣還需要降低工會的限制，以便工人可以爭取自己的權利，並繼續遊說以改善法律。 這樣的話，台灣勞工會更快樂，更富有成效，願意留下來。 否則，人才流失將繼續，外國專業人士也不會想在這里工作。
Will my complaining change the situation? I hope so. I hope to live to see the day that we can do away with this silly, self-defeating practice of cutting out our weekends just so we can take a future holiday. Until then, I will accept the Taiwan local laws as they are because I chose to be here as an expat, and I’m willing to take the good with the bad. But there’s a good chance I’ll take the day off next time.
我的抱怨會改變這個情況嗎？ 但願如此。 我希望能活下去看看我們能否取消這種愚蠢的，自我挫敗的政策。 在那之前，我會接受台灣當地的法律，因為我選擇住在這裏，而且我願意接受這些壞事。 但下次我有機會就會休假。
For those who can't read Chinese characters, the girl on the left represents "taking the day off" and the girl on the right is “work makeup day." Its a deep meme I know.
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CTCB Bank office building in Nangang, Taipei
Foreword: Please note that this is not a comprehensive list of questions and answers. This is meant to only give a basic overview of Taiwan's working environment to those who are learning about this topic for the first time.
Why work in Taiwan?
Taiwan has a great living environment and is very friendly to foreigners. Many Taiwanese people want to improve their English and are interested in foreign culture. It is also a great place to learn Chinese. Taiwan is a clean, safe, modern, convenient, and free country with a thriving democratic government. Also, Taiwan has many great places to see and explore, eat, and the cost of living is relatively cheap.
How do I find work in Taiwan?
The best way to find work is to ask your existing connections, but there are also many websites that can help.
What are the best work finding websites in Taiwan?
This most popular work finding website in Taiwan, although the interface is only in Chinese (sorry), although some job postings are in English. Its worth checking out, even if you can’t read Chinese. Perhaps you can have a Chinese friend help you out.
This is probably the second most popular work finding site in Taiwan, this website's interface is also only in Chinese, although some job postings are in English.
This is a great English based website for English Teaching jobs in Taiwan.
Linkedin has a few job opportunities that are most in English.
Other than these, search Google. Who knows what you’ll find!
Why Teach English in Taiwan?
Teaching English can be a fun way to make a living if that’s what you’re into. The working hours are short and pay is relatively high in Taiwan (at least 48,000 NT per month, for about 30 hours a week). These jobs are only available for those with passports from English speaking nations. However, if singing songs and disciplining children is not your thing, then you probably won’t last long. Also, beware of bosses that will take advantage of you, giving you no time off and no overtime pay (you are allowed overtime pay and time off by law, as well as labor and health insurance).
Which bank should I use in Taiwan?
Most banks will let foreigners set up an account. Some handy accounts to have when shopping are with Cathay Pacific, which has the only Costco accepted credit card, CTCB which partners with PX Mart, and Yushan Bank which is aligned with Carrefour.
How do I open a Taiwan bank account?
Typically you can walk in to any bank, and open an account if you bring your passport and/or ARC. If you do not have an ARC, then you will need to apply for a Taiwan uniform ID number at the immigration office first.
If you are from a list of countries that is high risk because of money laundering it may be harder to open an account.
Also, if you are American you will have to sign a W9 or similar form because of FACTA.
What are the work regulations in Taiwan?
Please see our article on Taiwan’s Labor Standards Act. These regulations change regularly, so look at our latest blog on the topic.
Do I get pension as a foreigner in Taiwan?
Foreigners not married to a Taiwanese spouse are entitled to theold pension scheme, you must work for the same employer for 25 years or work for the same employer for 15 years and be at least 55 years old. Reaching this requirement is near impossible for most foreigners.
However, if you are married to a Taiwanese national, you are eligible for the new pension scheme, which is not based on your work tenure, and 6% of your salary paid by your employer, which can be redeemed at age 60.
Do I get labor insurance as a foreigner?
Do I get health insurance for me and my family in Taiwan?
Yes, if you have a job, but dependent family members have to wait6 months to join as of now.
Newborn foreign babies born in Taiwan are eligible immediately.
Do I have to pay taxes in Taiwan as a foreigner?
Yes, if you work in Taiwan. If you stay in Taiwan less than 183 days, you will be subject to 18% tax. For tax advise, please contact Grant Thornton Taiwan.
What are the tax rates in Taiwan?
Please see the table below.
Where can I get tax advise in Taiwan?
Go to Grant Thornton Taiwan. They have English capable international expertise that can help you. Otherwise you can search the government website.
What is the Taiwanese working environment/culture like?
This depends on where you work. For a typical Taiwanese company, the boss is very powerful and employees are more passive. It is typical for everyone to wait for the boss to leave before they get off work. So, as you can image, Taiwanese people work lots of overtime.
In addition, Taiwanese people like to have working connections, and give gifts to improve a relationship. If you take a gift such as chocolate from a coworker, or are treated to lunch, you are expected to eventually give back similar gift in return to keep the relationship going.
What is the average salary for foreigners in Taiwan?
The starting salary for a foreigner is about 48000 NT per month, average salary for English teachers is 60,000-80,000 NT per month. Foreign executives working in Taiwan make foreign salaries, which are much higher than the average Taiwanese salary.
Can foreigners start a business in Taiwan?
Yes. Please read our blog on the subject.
Why live in Taiwan?
Taiwan is one of the best countries in the world with one of the best qualities of life. Taiwan boasts delicious food, great weather year round, amazing tourist sites, friendly people, cheap cost of living, and economic opportunity.
How is the water in Taiwan?
Filter or boil water in Taiwan, or buy bottled water. It is not safe to drink from the tap. Taipei has the cleanest water (meaning it requires the least filtration), while more rural areas are hit and miss.
Are there foreign schools for my children in Taiwan?
Yes, there are a number of American and European schools in Taiwan. Please clickhere for a full list:
Is Taiwan safe?
Yes, Taiwan is one of the safest countries in the world according to Prescavve.
This is mainly due to low crime and high economic freedom and devolopment.
Have any more questions about work in Taiwan? Please leave them in the comments below, and we might just add them to the list!
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This past Sunday, a tragic event occurred in which an Indonesian caregiver named Panti fell from an 11 storey building in Taichung to her death, in an attempted escape from her employer. She apparently accidentally slipped to her death. Along with her body were found a bag of her possessions. She tried to escape many times previously, but was forced to stay with her employer. The security guard at the apartment building was told to block her if she attempted to escape.
Does this sound like a woman with basic human freedoms?
上個星期天，發生了一起悲慘事件，一名印尼護理人員叫Panti從台中一座11層高的樓房中墜落，並企圖逃離雇主。 她顯然意外地滑倒死亡。 隨著她的身體被發現一袋她的個人物品。 她曾多次試圖逃離，但被迫留在雇主手中。 如果她試圖逃跑的話，公寓裡的保安人員被告知要封鎖她。
Below I will give an overview of the current situation of migrant workers in Taiwan, as well as examples from personal stories of the migrant workers themselves, as well as solutions to the problem.
Basic Facts about Migrant Workers in Taiwan:
As fellow foreigners in Taiwan, we care about other foreigners in Taiwan, no matter what country they are from. This is by no means a comprehensive blog, but only written to raise awareness on this issue. There are countless personal stories from over 600,000 migrant workers in Taiwan and statistics that should be shared. Unfortunately, many of these workers do not have a voice or even basic human rights in Taiwan. We want to give them a voice and hope these people are not forgotten.
作為台灣的外國人，我們關心台灣的其他外國人，不管他們來自哪個國家。 這絕不是一個全面的部落格，而只是為了提高對這個問題的認識。 我們應該分享台灣六十多萬外籍勞動的無數個人故事。 不幸的是，這些工人中很多人在台灣沒有發言權甚至沒有基本人權。 我們想給他們一個聲音，希望這些人不會被遺忘。
Discrimination against Southeast Asian Foreigners ：
Many Taiwanese see Southeast Asians as desirable workers but not desirable citizens. This is due to discrimination based on the low socioeconomic status of Southeast Asian countries. Taiwanese people give higher status to countries with stronger economies. Taiwanese value Korea, Japan, Singapore and mimic their culture, while on the other hand they look down on poorer countries.
Currently due to the southbound policy more and more Southeast Asian tourists are coming to Taiwan, but this is overshadowed by the human rights abuses against Southeast Asian Migrant workers. Currently there are 200,000 students in Taiwan with foreign Southeast Asian parents, one in 10. The numbers for first and second generation immigrants is greater than the indigenous population of Taiwan. However, these students are often discriminated against because of their parent’s speaking a foreign language, and thus are perceived to do worse in Chinese language and other studies, due to their parent’s poor Chinese and lack of Education.
Taiwan media is usually unsympathetic to their plight, portraying them as only runaways that do not want to work. But the fact is that they run away usually because of abuse from their employer. Those employers that are prosecuted usually get away with minimal penalties, and if there is a jail term it is usually for less than one year
Coming to Taiwan 來台:
Before coming to Taiwan, many migrant workers must go through an application process, and if chosen, may be required to pay excessive broker fees up to 14,000 USD or more. These workers also need to pay for training. In order to pay for these fees, many of them need to take out loans from lending companies that are one in the same as the brokers, trapping them in “debt bondage.” Some of these loanshave up to 60% annual interest. If they cannot make payments, lending companies and migrant brokers are known to give death threats to the workers and their family.
Exploitative deductions for rent or services that are not actually real are commonplace. Rides to the airport, medical examinations, and help to fill out documentation are often charged excessive fees. For instance, migrant workers are known to have to pay 2000 NT for a van to the airport from Taipei when a taxi is only just over 1000 NT. Brokers often mistreat their workers, and use corrupt practices to exploit them.
Workers from Southeast Asia are not allowed to write paperwork for an ARC themselves, and must pay a broker for this service (even though it is easy for many white collar foreigners to do this themselves). They are also not covered under the labor standards act, giving their employers almost unlimited power to overwork and exploit them. It is simply hypocrisy that the act fails to protect the most vulnerable workers from exploitation, foreign migrants. Although agricultural work is illegal, some foreign workers have been known to be put to farm work when on paper they are domestic caretakers. One such worker, Merly Ramos, happened upon this situation, and was given only one day off for an entire year before she informed the authorities.
Human trafficking happens under the radar in Taiwan through fake marriages, deceitful employment contracts, smuggling, sexual exploitation, and forced labor. Many human trafficking victims are mistaken for illegal immigrants, and are locked away in unsanitary prisons with no medical facilities, or deported.
Foreign Caregivers 外籍長照:
House caregivers have a minimum wage of 17,000 NT a month, compared to the 21,008 minimum wage for Taiwanese citizens under the labor standards act. Contracts with an employer usually last for 3 years, during which they cannot switch employers. Previously after the contract ended, they were forced to go back to their home country, but thankfully that regulation has been abolished as of this year.
During their time of work, many brokers hold onto the worker’s passports or ARC, preventing the workers from leaving the country as well as other things such as purchasing a phone. Brokers often fine runaways or deport them, even though this is technically illegal. While in their domestic roles, migrant caretakers are often victims of sexual harassment, sexual offences, and rape. One such case is Annie, who was sexually assaulted by all five of her previous employers.
A few years ago a documentary about foreign migrant workers called “I have it maid” (快跑三十六小時) was produced to tell the personal stories of these migrant caregivers. After seeing the film, many Taiwanese people were surprised that the situation was as bad as it is.
The film tells a story about a runaway blue collar worker named Vicky and the filmmakers are advocating her story to try and help her. If you have time, please see the film here on youtube https://www.youtube.com/watch?v=4fq5gkyVlFg
Perhaps modern day slavery is most prevalent in Taiwan’s fishing industry. Migrant fishermen are also not covered by labor standards act standards, subject to exploitation, and have no set minimum wage. Also, rest time and breaks are only set by standard contract. Officially there are around 20,000 migrant fishermen, but organizations such as Greenpeace say there could be up to 160,000. Many fishermen are not registered legally, and are not in Taiwan books.
Many fisherman only stay on the boats they work on and never enter Taiwan, or their boats are registered overseas, so it hard to keep track of these foreign migrant fisherman. The ILO has said that Taiwan's Fisheries Agency's system of management and protection of migrant fishers is "loose and unregulated".
Many fishermen are abused, beaten, cut with hooks, and killed. Once a migrant fisherman dies, the captain has right to throw body overboard, getting rid of any evidence of the cause of death. Many migrant fisherman are exploited in this way, such as this story about 1,000 Cambodian men。 They were originally promised 150 USD a month, then only got paid half, were underfed, beaten, and couldn’t communicate with family. For many, their only escape was to jump overboard.
This last September, it was found that 19 Taiwanese fisherman were prosecuted for keeping a group of 81 Indonesian fisherman locked in a room around the clock to prevent them from escaping. They were forced to work 48 hours at a time with no breaks and for 300-500 USD a month.
The 19 Taiwanese men faced possible jail time of up to 7 years, and authorities confiscated 3.69 million TWD as compensation payback for the migrant fisherman.
Mostly disputes between migrant fisherman and their employers are “hands-off” for the government, who wishes the disputes be solved between the employer and for-profit migrant brokers, who almost always side in behalf of the employer. Often the government will require time cards or pay slips as evidence, which simply don’t exist. Many workers are threatened or even deported for having labor disputes, and many are afraid to talk to the authorities.
Summary and Solutions 總結和解決方案:
Labor conditions for foreign migrants haven’t improved in more than 10 years and new legislation is slow to come by. These problems are not being fixed because government and business want extra profits that come from hiring cheap labor, and Southeast Asians lack money. The biggest problem comes from the broker system which “traps” immigrant workers in debt and exploits their salary. A proper solution would be to get rid of the broker system and let the migrants be directly hired. In fact, broker systems are technically illegal in the Philippines, even though there are many Taiwan brokers operating there. However, abolishing these brokers in Taiwan will be difficult. Lawmaker Lin Shu fen has received death threats from brokers for trying improving foreign workers rights. The brokers have power politically and move to stop all new legislation for migrant workers, as it cuts their profits. They are like slave traders, making money off of human capital.
In September, a “mock” referendum, which would hypothetically allow migrant workers the right to freely change employers was started by the Migrants Empowerment Network in Taiwan (MENT). The mock referendum ends at the end of December. So far, over 90% of voters have supported it. However, what Taiwan needs is a real referendum. For more information, visit their Facebook Page here
The 2017 Trafficking in Person’s Report by the US State Department美國國務院2017年“販賣人口報告”
This report details human trafficking in Taiwan. Due to improvements in the last few years, Taiwan has been moved from a Tier-2 country to Tier-1. However, improvements are still sorely needed. A summary of the report is as follows:
這份報告詳細介紹了在台灣販賣人口 由於近幾年來的改善，台灣已經從二線國家轉移到了一線。 但是，仍然需要改進。 報告摘要如下：
What Taiwan Should improve:
Taiwan should improve labor protection and prosecution for migrant fishermen. Also, There is a long-stalled bill meant to help standardize wage, rest hours, and annual leave for domestic workers, that has yet to be enacted.
This year there were 263 sex trafficking victims, 156 of whom were foreigners and 89 of which were children. The other victims were from poorer areas of Taiwan. Some Taiwanese victims have also been recruited to telephone scams overseas or to overseas prostitution. Taiwan has also unlawfully also jailed and fined trafficking victims.
The report also pointed out that many brokers trap migrant workers with “debt bondage” to control them and extort their money. Those migrant workers that complain are often deported.
How Taiwan has improved in 2017:
Despite the jailing of trafficking victims, the MOF has created a 24 hour hotline for such victims as well as 25 shelters nationwide which provide legal and mental help, stipends, repatriation, training, and interpretation.
Also, in the past year Taiwan has fined 6 and shut down 4 brokers charging excessive fees. In addition, the policy indicating foreign migrants leave every 3 years has been abolished. The authorities have also standardized the Fisherman’s contract, requirements for basic wages, rest hours, and days off, as well as requiring the broker be a company and not an individual.
New Employers are also required to attend classes before they hire on domestic workers.
Summary of Solutions 解決方案總結：
The slave-like conditions and exploitation of foreigner blue collar laborers is a shame to Taiwan. You never hear of any white collar worker runaways because they can change employers at will, but blue collar workers simply can’t. Human rights of blue collar workers need to be brought to white collar level. As fellow foreigners in Taiwan, we should all work together to raise awareness to these worker’s situations and personal stories. Perhaps we can help to push new legislation to protect our fellow foreigners. We should not forget Panti, who died in the process of trying to switch employers, and not let her death be in vain.
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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.
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.
P.S. If you have any questions about this, feel free to send us a message via Twitter.
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)