Where to find an accessible English version of the Labor Standards Act?
jlick wrote:
And where to find MOE regulations?
laws.cla.gov.tw/Eng/FLAW/FLAWDAT … d=FL014930
The only MOE regulations I have found in English are here:
140.111.1.22/english/home_regulation.htm
Unfortunately, they don’t include regulations regarding employment of foreign teachers.
Labor Standards Law ( 2002.12.25 Modified )
Article Content
Chapter I General Provisions
Article 1 To provide minimum standards of labor conditions, protect workers rights and
interests, strengthen labor-management relationship, and to promote social and
economic development, this law is hereby enacted; matters not herein
provided shall be governed by other applicable laws.
No labor conditions concluded between an employer and a worker shall be
below the minimum standards provided in this law.
Article 2 The terms used in this law shall be defined as follows.
- “Worker” means a person who is hired by an employer to do a job for which
wages are paid. - “Employer” means the owner or responsible person of an enterprise or the
person who represents the owner in dealing with labor matters. - “Wage” means the compensation which a worker receives for his work,
including wages, salaries, premiums, allowances, whether payable in cash or in
kind or computed on an hourly, daily, monthly, or piece-work basis, and
other regular payments under whatever name. - “Average Wage” means the sum arrived at by taking the total amount of wages
for the six months preceding the day on which a matter of computation occurs
divided by the total number of days of that period. In the case of a service
period not exceeding three months, the term “average wage” means the sum
arrive at by taking the total wages for the service period divided by the
total number of days of that period. In the case of wages computed on a daily,
hourly, or piece-work basis, the term “average wage” means sixty per-cent of
the sum arrived at by taking the total wages for the particular service period
divided by the actual number of work days even if that sum is not up to
sixty per-cent after the computation is made pursuant to the above formula. - “Business entity” means any entity engaged in any line of business
applicable to this law which employs the service of workers to perform the
work. - “Labor contract” means a contract that regulates employer- employee
relationship.
Article 3 The Law shall be applicable to the following lines of business: - Agriculture, forestry, fishery and animal husbandry;
- Mining and quarrying;
- Manufacturing;
- Construction;
- Water, electricity, and gas supply;
- Transportation, warehousing and telecommunications;
- Mass media; and
- Other lines of business as may be designated by the Central Competent
Authority.
The Central Competent Authority, in pursuant to Clause (8) of the preceding
Paragraph, may designate a portion of the workplaces or a part of workers in a
business entity as applicable to the Law.
The Law shall apply to all forms of employee-employer relationships.
However, this principle shall not apply if it is discovered that the
application of the Law will genuinely cause undue hardship to the business
entitles involved due to the factors relating to the types of management,
the administration system and the characteristic of work and if it belongs
to the lines of business or work designated and publicly declared by the
Central Competent Authority.
The total number of workers employed in the business entities which will
encounter genuinely undue hardships and shall not be covered by the Law, shall
not exceed one-fifth of the total number of workers employed in the lines of
business as prescribed in Clauses (1)-(7) of the first Paragraph of this
Article.
Article 4 For the purpose of this law, the term
thank you for your precious information !!! But i’m still wondering about what jlick wrote:
Where did you find this information ?
They’ve been saying that on-and-off since I moved to Taiwan (about 3 years ago).
Nice post -> Labor Standards Law
It’s important that everyone knows their rights and in Taiwan its hard to get clear info! Good job!
There’ve been numerous newspaper articles and government warnings about it, and a few scattered reports on this website of foreigners who got caught up in a raid or narrowly escaped. For example this article:
english.taipei.gov.tw/TCG/index. … newsid=550
There’s many other discussions on the topic of the legality of teaching English to under 6 year old students in the legal forums, though they are scattered about. There’s a lot of good info in this thread including references to the laws cited in the newspaper articles:
[Work rights for foreign spouses with a JFRV ARC
That said, despite the law, the crackdowns and all the warnings, there is still a very high demand from parents for english-only kindergartens. There’s plenty of them all over that are fairly openly doing this and just hoping their guanxi is good enough not to get shutdown. While the teachers don’t seem to get fined, they can have their work permit revoked and be ordered to leave the country.
Wow. That article on the Taipei gov’t site is really gripping.
My favourite part is this:
Mustn’t let the weirdos near the kids. But we want a bilingual country in 5 years or something. Right.
If you thought that was hysterical, here’s some more that’ll have you rolling on the floor:
Mother sends daughter to all-english school and now she’s an extrovert and speaks crappy chinese:
sinorama.com.tw/en/show_issu … txt&page=1
This one exposes the horrific problem that students will have different levels of english proficiency in elementary school if some students learn english early. Rich parents who can afford early english classes will shame those who can’t.
publish.gio.gov.tw/FCJ/past/04022771.html