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Which Taiwan Labor law is being abuse by Broker or Company to threat a migrant worker?




Every time there are issues that being raise by a migrant worker against the broker or a company they used this article 11 and 12 of Labor Law  to keep a migrant worker silent behind the anomalies. Please read Ka-Pinoy because this is their best weapon to threat a migrant worker.

In Taiwan, the Labour Standards Act (LSA) protects all employees. The protection provided by the LSA are compulsory and cannot be diminished or eliminated by an agreement between the employer and employees, although the employer is entitled to offer better terms than required by the LSA. The LSA requirements are essentially the minimum standards.

 According to the Act, an employer cannot terminate an employment contract unilaterally unless any of the permitted reasons provided in Article 11 or Article 12 exists.

The permitted reasons for termination provided by Article 12 of the LSA include
• At the time of entering into the employment agreement, the employee made a false or misleading
representation that is likely to cause harm to the employer.
• The employee commits a violent act or an act of gross insult against the employer, the family
members or agents of the employer or fellow employees;
• The employee has been sentenced to imprisonment by a confirmed judgment, unless the employee
otherwise receives a suspended sentence or a decree to make payment of a fine in lieu of
imprisonment;
• The employee commits a material breach of the employment agreement or a serious violation of
work rules;
• The employee intentionally damages machinery, tool, raw material, product or other property of the
employer; or intentionally discloses any technological or confidential business information of the
employer, thereby causing harm to the employer; or
• The employee is, without justifiable reason, absent from work for three consecutive days, or six

The statutory reasons for termination provided by Article 11 of the LSA are:
• Where the employer’s business is suspended or transferred to a third party;
• Where the employer suffers an operating losses or business contraction;
• Where force majeure necessitates business suspension for more than one month;
• Where a change in business nature requires a reduction in the number of employees and the
employee cannot be assigned to another proper position; or
• Where an employee is confirmed to be incompetent in his or her job duties.

The employer may unilaterally decide whether to terminate an employee who meets any of the statutory reasons provided by Article 11 or 12. No negotiation with, or consent from, the employee is required. However, for the termination of an employment contract pursuant to items 1, 2 and 4 to 6 of Article 12, the employer is required to serve a termination notice, either orally or in writing, within 30 days after becoming aware of the particular situation.

Source:leeandli

If you are suffering from a abusive company or broker please don’t hesitate to call CLA for Free at 1955

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3 comments:

  1. Thanks for this, will be going to Taiwan for a work in a factory. This will be really of big help to me and my colleagues who will learn about this. Meanwhile, here is the status of our Law office, NDV Law

    ReplyDelete
  2. Just ask po may karapatan dn po b na pakialaman ng broker or coordinator ang room arrangement ng mga bed? we have to find our selves in comfortable way for us to have a well sleep!!!

    ReplyDelete
  3. ask ko lang po na layoff po kasi kami 18 person 14 kami umuwi. my karapatan po kaya kaming mag refund sa agency namin. 3 months at 5 months lang po kasi kami. salamat po sa sagot

    ReplyDelete