Saturday, January 10, 2009

Foreigner Labour - Work Disputes

1) Foreign laborers may join unions but shall not be elected as union officials.

2) Termination of employment for foreign laborers hired in accordance with the Labor Standards Law must be as a result of one of the following (after prior notification and severance pay):

I. When business is in recession and the employer is downsizing staff, bankruptcy or sell-out, etc. However, there must be prior notification and payment of severance pay.

II. When the laborer is at fault and the offense is one recognized by the Labor Standards Law; however, the employer may not terminate employment without prior notification or payment of severance pay.

III. When the employer is at fault and the offense is one recognized by the Labor Standards Law, the employee may terminate the contract without prior notification and may request severance pay.

3. Foreign laborers who leave their job at termination of their contract must return to their home country and may demand no extra compensation or severance pay.

4. Each foreign laborer has a responsibility to comply with his/her employer's policies and the employment contract, as well as to be loyal to and honest with the employer.

5. Compensation disputes involving foreign laborers shall be handled by the Department of Labor, according to existing laws. Assistance is available also through the Foreign Workers Counseling Center (2356-3157).

Source: Taipei City Gov.

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