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Labour/employment law data for Taiwan

1. Is it a legal requirement that employees must receive an employment contract? No
2. What factors constitute a fair dismissal i.e.legally justifiable reasons to terminate employment without the need to pay compensation? 1. Misrepresentation upon employment;
2. Violence or gross insults by employee;
3. Sentenced imprisonment;
4. Gross breach of contract or rules;
5. Intentionally consumes resources and discloses secret;
6. Absent without due cause for three consecutive days or 6 days in a month
3. What is good practice with regard to dismissal procedures to minimise the risk of claims for unfair dismissal? To dismiss only when there is a statutory cause.
4. If an employee is dismissed unfairly what is the financial range of compensation that can be made to employees? One month salary in normal cases, and up to 45 average monthly salaries when injured, handicapped or dead.
5. Do employees have the right to be members of a trade union? Yes
6. Is there any legal requirement for an employer to contribute to a pension for employees? Yes
7. What are standard maternity rights? 8-weeks leave with salary;

2-day leave.

8. What are parental leave rights (including paternity leave)?
9. When are employees eligible for redundancy payments? When the employment contract is statutorily terminated
10. What are the statutory redundancy payment limits? One service year will enable the employee to be entitled to an average monthly salary.
11. Can existing employees be dismissed if you buy a business with employees? Yes
12. Any other general legislation? Basic salary amount;
Sexual discrimination prohibited.