Taiwan is an island in the western Pacific Ocean that lies roughly 160 km off the coast of southeastern China. It is approximately 395 km long (north-south) and 145 km long across at its widest point. Mountains cover approximately two-thirds of the surface of the island. It is a top player in the world’s information and communication technology industry as well as a major supplier of goods across the industrial spectrum. The economy is driven largely by industrial manufacturing, and especially exports of electronics, machinery, and petrochemicals.

 

*Please note that the official currency is the currency of remuneration when employed through WorkMotion in Taiwan.

Capital :
Taipei
Currency :
New Taiwan Dollar (TWD, NT$)
Languages spoken :
Mandarin
Population :
23.32 million (2022 est.)
Minimum wage 2022 :
TWD 25,250 monthly; TWD 168 hourly
Cost of Living index :
$$$$ (36 of 139 countries)
Payroll Frequency :
Monthly
VAT - standard rate :
5%
GDP - real growth rate :
6.45% (2021 est.)

Statutory Holidays

Taiwan has 10 to 15 public holidays. Generally, full-time employees are paid for public holidays. Some of the holidays are fixed dates, and some are based on the lunar calendar. Employers and employees can mutually reach an agreement to adjust these holidays to working days.

 

The national holidays mentioned below are valid for the year 2022.

Date
Holiday Name
Extra Information
January 1
New Year’s Day and Republic Day
Janaury 31-February 4
Chinese New Year Holidays
Movable - The first 3 days of the lunar calendar year
February 28
Peace Memorial Day
April 4-5
Children's Day Holiday
Movable - The first day of the 5th solar term of the traditional Chinese lunisolar calendar
April 5
Qing Ming Festival Holiday
May 1
Labor Day
Only for private sector employees
June 3
Dragon Boat Festival
Movable - The 5th day of the 5th lunar month
September 9-10
Mid-Autumn Festival Holiday
Movable - The 15th day of the 8th lunar month
October 10
National Day

Contract Sharing Time


The approximate time for sharing the contract with an employee in Taiwan is 6 business days assuming no special requests or changes to our standard employment contract. Any such requests or changes would need to undergo internal and external review, directly leading to a time delay.

NOTE: This number is subject to change and is only an estimation of the Contract Sharing Time. The estimated Contract Sharing Time begins from the moment that WorkMotion has received all required information from both the client and the employee.

What You Need To Know


  • The employer does not need to pay the severance pay for an employee working under a fixed-term contract on its expiry.
  • There is no statutory provision for the probation period.
  • Employers should pay for and conduct pre-employment physical examinations for workers at the time of employment. 
  • It is the employer’s general duty to protect their remote employees as required under the Occupational Safety and Health Act (OSHA).

Labor Conditions


Working Hours

The regular working time of workers may not exceed eight hours a day or 40 hours a week. With the consent of a labor union, or if there is no labor union in a business entity, with the approval of a labor-management conference, an employer may distribute the regular working hours, of any two workdays every two weeks to other workdays, provided that no more than two hours are distributed to each of the other workdays. However, the total number of working hours should not exceed 48 hours every week.

 

Overtime

Any employer who has more than 30 employees needs to have their employees that perform work besides regular working hours report to the local competent authority for record.

The distribution of regular working hours to other workdays in four weeks should not exceed two hours a day:

  • When the regular workday is 10 hours a day, the overtime work should not exceed two hours for that particular day;
  • The extension of working hours, combined with the regular working hours should not exceed:
    • 12 hours a day;
    • 46 hours a month;
    • However, the extension of working hours, with the consent of a labor union, or a labor-management conference, should not exceed 54 hours a month and 138 hours every three months.
Probation Period

There is no statutory provision for probation or trial period in the Labor Standards Act, however, a three months probation is generally followed.

 

Termination Notice Period

The employer must serve a notice to the worker as per the following:

Job DurationNotice Period
More than 3 months but less than 1 year10 days
1 to 3 years20 days
More than 3 years30 days

In the case of a specific fixed term contract for a term of more than three years, a worker may, upon completion of three years’ work, terminate the contract by giving the employer an advance notice 30 days before their severance.

Leave / Time Off

Annual Leave

A worker who has worked continually for the same employer or business entity for a certain period of time is granted annual paid leave based on the following conditions:

Service DurationLeave
6 months to 1 year3 days
1-2 years7 days
2-3 years10 days
3-5 years14 days
5-10 years15 days
Each year of service over 10 years up to a maximum of 30 days1 additional day

Sick Leave

Sick leave rules are:

  • For the non-hospitalized, a total of fewer than 30 days in one year;
  • For the hospitalized, not exceeding one year in two years;
  • The total of hospitalized and non-hospitalized sick leave should not exceed one year in two years.

Where accounted ordinary sick leave does not exceed 30 days in one year, 50% of salary is paid. In cases where Labor Insurance payments do not reach 50% of salary, the employer has to make up the difference

Parental Leave

The duration of unpaid parental leave is until the child reaches the age of three years old but may not exceed two years. The duration of unpaid parental leave for raising a child or children is not, in principle, less than six months each time. If an employee needs to take the leave for less than six months, they may file the application with their employer for the leave persisting for no less than 30 days for a maximum of two times.

When an employee applies for unpaid parental leave for raising their children, they should file an application in writing to their employer 10 days in advance. During the period of unpaid parental leave, unless there are other arrangements made by the employer and employee, the period should not be included in working seniority for the employee on leave.

 

Maternity Leave

A female worker is granted maternity leave before and after childbirth for a combined period of eight weeks. In the case of a miscarriage after the first three months of pregnancy, the female worker is permitted to discontinue her work and is granted maternity leave for a period of four weeks.

If the female worker has been employed for more than six months, she should be paid regular wages by the employer during the maternity leave, while if her period of service is less than six months, she should be paid wages at half of the regular payment.

 

Paternity Leave

When an employee’s spouse is in labor, their employer has to grant them five days off as paternity leave. The salary is paid as usual. For the five-day paternity leave, employees should select five days from a 15-day window before and after the day that their spouse is in labor.

Other Types of Paid Leave

Wedding Leave

Up to eight days with pay is granted to employees getting married.

 

Menstruation Leave

Female employees having difficulties performing their work during menstruation may request one-day menstruation leave each month. If the cumulative menstrual leaves do not exceed three days in a year, they must not be counted toward days off for sick leave. All additional menstrual leaves must be counted toward days off for sick leave. Employees on menstruation leave are entitled to half their regular wage.

 

Leave to Look for Employment

After receiving the advance notice of termination, a worker may, during hours of work, ask for a leave of absence for the purpose of finding a new job. Such leave of absence may not exceed two workdays per week and is paid by the employer.

Unpaid Leave

Personal Leave

In the event of matters which a worker must personally deal with, they are entitled to personal leave without pay not exceeding 14 days in one year.

Statutory Benefits

The statutory benefit contributions are as follows:

CategoryEmployer Contribution for Taiwanese employees
Pension Fund6%*
National Health Insurance3.102% (60% of 5.17% of gross salary)
Supplementary National Health Insurance Premium2.11%
Labor Insurance (disability, old-age, and survivor)7.35**%
Employment Insurance1%**
Unemployment Benefits0.7%
Workers’ Compensation/Occupational AccidentAverage 2%***

*2-15% of earnings for non-Taiwanese employees.

**The labor insurance premium rate is 10.5% which along with the 1% rate for employment insurance makes the contribution to 11.5%. 70% of this rate is paid by the employer, 20% comes from the employee’s salary; 10% is covered by the government.

***The average Business Category Accident Premium rate for 2022 is reduced from the existing 0.14% to 0.13%, and the On and Off Duty Accident Premium rate stays at 0.07%. The average occupational accident insurance premium rate after the adjustment is 0.20% (0.13%+0.07%).

Health Insurance

The National Health Insurance program is compulsory for all citizens starting from birth. Employees are registered in the National Health Insurance program through their employer. National health insurance contribution is 5.17% of gross salary where employers are liable for 60% of the premium (0.3102%), and 1.58% of the national average number of dependent, employees are liable for 30% of the premium (0.155%), and the government is liable for the remaining 10% (0.052%).

Other Insurances

Accident Insurance

 

An employer has to pay compensation to a worker who is dead, injured, disabled, or sick due to occupational accidents. The occupational accident insurance premium rates of labor insurance are calculated based on the Table of Business Category and Premium Applicable for the Occupational Accident of Labor Insurance and Experience Rates. Employer supplementary premiums based on the difference between the total monthly salary employers pay and the total salary basis they report for their employees, are paid by employers together with the regular health insurance premiums they owe every month, keeping employers’ operational burdens to a minimum. 

Unemployment Insurance

 

Unemployment benefits are financed by the employment insurance premium rate of 1% which is divided into the employer’s contribution of 0.7%, the employee’s contribution of 0.2%, and the government’s 0.1%.

The benefits from the employment insurance program are divided into unemployment benefits, Early Reemployment Incentives, Vocational Training Living Allowances, Parental Leave Allowances, and National Health Insurance Premium Subsidies.

Public Pension

A Taiwanese enterprise normally makes a contribution of 6% of earnings into employees’ individual pension fund accounts for its Taiwanese employees, and 2 to 15% of earnings to its non-Taiwanese employees’ pension fund accounts to comply with the Labor Bureau’s regulations for foreign employees. Workers voluntarily contribute a maximum of 5.1% to their pension accounts in the National Pension Programs with lower rates prescribed for disabled and low-income persons.

Labor insurance premium contributions also must be made by the employer, employee, and the government. The insurance rate is currently 10.5% (employer at 7%, employee at 2%, and the government at 1.5% respectively) of gross salary. There are three types of labor insurance annuity: disability, old-age, and survivor. Employees pay for a mandatory individual account at voluntary contribution rates of up to 6% of monthly covered earnings.

The beneficiaries must reach the age of 60, regardless of working or retired. If they are deceased before reaching 60 years of age, their family survivors or designated beneficiaries may claim the pension.

Other Statutory Benefits

Survivors’ Benefit

 

At present, the employer contribution of 6% to the mandatory individual account of employees under pension funds the scheme.

Survivors or designated beneficiaries of a deceased worker who died before reaching the age for collecting pension may apply to receive a lump sum payment of the deceased worker’s pension account. All subsequent monthly payments shall be ceased when a worker who is already receiving monthly payments dies. Any remaining sum of the individual pension account shall be transferred to their survivors or designated beneficiaries.

Annuity Insurance

 

The employer contribution of 6% to the mandatory individual account of employees under pension funds the scheme.

Business entities employing 200 or more employees can, with the consent of the labor union, or if no labor union exists, with the consent of a labor-management meeting and permission from the central competent authority, set up an annuity fund. The employer is the provider of the contract of annuity insurance, and the worker is the insured and beneficiary. A business entity has to purchase annuity insurance from a single insurer. A worker employed in a business entity that has adopted annuity insurance may change their preferred pension system.

Disclaimer

The information contained in this Country Guide is provided for informational purposes only and should not be construed as legal advice on any subject matter. The contents of this Country Guide contain general information and may not reflect current legal developments or address your situation. You should not act or refrain from acting on the basis of any content included in this Country Guide without seeking the advice or representation of a licensed attorney. WorkMotion Software GmbH disclaims all liability for actions you take or fail to take based on any content included in this Country Guide.

Information provided in this Country Guide is provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. WorkMotion Software GmbH periodically adds, changes, improves, updates, or removes information without notice, and assumes no liability or responsibility for any errors or omissions in the contents of this Country Guide. This Country Guide may contain links to other websites. WorkMotion Software GmbH disclaims all liability for the privacy practices or the content of such websites.

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