In work not regulated by the Taiwan Labor Standards Act:
You have a right to a fair wage
Your wages are negotiated between you and your employer. Once a wage is negotiated, your employer may not alter the terms of your contract to adversely affect you.
What was the hourly or monthly rate agreed upon between you and your employer prior to the beginning of your work? Are you being paid less than that? Has your employer paid your less than the agreed-upon amount, or has your employer not been timely in paying you? If either of these have happened, than your workers’ rights may have been violated.
You have a right to work reasonable hours with rest periods
Your working hours and rest periods are in accordance with the employment contract agreed upon between you and your employer at the beginning of the employment period.
How many hours have you worked? Are the hours reasonable and in line with what was promised by your employer? Are you able to take reasonable breaks from work? If not, then your workers’ rights may have been violated.
You have a right to health insurance, paid for by your employer.
All foreign workers who have Alien Resident Cards should join the National Health Insurance Plan. This membership is applied for and handled by your employer starting from your first day of employment. By paying the health-insurance fees, you will be covered by the National Health Insurance Plan and entitled to affordable health care.
Do you have a National Health Insurance card? From your first day as a worker, your employer should have given you such a card, which signals that the employer has been paying a monthly fee so that you can use that card to access affordable health care. If you do not have a National Health Insurance, provided by your employer, your rights as a worker may have been violated.
You have a right to labor insurance, provided by your employer.
Do you have more than four coworkers at your place of work? Do you and your coworkers have labor insurance? If you don’t have labor insurance and your boss employs more than five workers, then your rights as a worker may have been violated.
You have the right to file a grievance and seek a labor dispute against your employer and your broker.
Under the Taiwan Labor Standards Act, all businesses that employ more than five workers must provide Labor Insurance through the Council of Labor Affairs. On workers’ first days of work, the employer must submit a work permit for each worker, approved by the central labor authority, to the Council of Labor Affairs.
Do you recognize that your rights have been violated? Perhaps, would you like to inquire about what your path forward is to file a grievance? Even just to ask a simple question about your rights as a worker, give us a call at the Hope Workers’ Center. We are under no obligation to report your case to the government or your employer and we will not do so unless you ask us to. You may contact us during working hours, seven days a week.
You have the right to join a labor union.
Under Taiwan’s Labor Union Law, all workers have the right to be part of a labor union. If there is already a labor union in your workplace, you have a right to submit your application for membership and then to join, pending acceptance of your application. As a member of a labor union, you may have access to representation and support that you would have lacked as an individual. If there is not already a labor union in your workplace, you have a right to form one. To do so, you must seek signatures from 30 people in your workplace, go through a simple organizing procedure, and then seek a certificate of registration from the government agency regulating your workplace. Organizing as part of a labor union is a right and cannot be infringed upon or blocked by your employer.
Are you a member of a labor union? If not, have you considered joining? If there is one in your workplace, then you may gain negotiating power and support for receiving better wage and living conditions at your job. If there isn’t yet one, it may be beneficial for you to form a union. All you would need is 30 signatures and some simple preparatory procedures to gain the support of union representation. Contact the Hope Workers’ Center to learn more about the benefits of unionizing, and to learn about how to form a labor union.
Did this information help you? Above, we listed the rights of workers who are NOT protected under the Taiwan Labor Standards Act; not sure if yours is? Contact us with any comments or questions!