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Title Labor Standards Law　Chinese
Announced Date 2002-12-25
Content
 Date : 1984.07.30 ( Announced )
Date : 2002.12.25 ( Amended )

　 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.
1. "Worker" means a person who is hired by an employer to do a job for which
wages are paid.
2. "Employer" means the owner or responsible person of an enterprise or the
person who represents the owner in dealing with labor matters.
3. "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.
4. "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.
5. "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.
6. "Labor contract" means a contract that regulates employer- employee
relationship.
Article 3 The Law shall be applicable to the following lines of business:
1. Agriculture, forestry, fishery and animal husbandry;
2. Mining and quarrying;
3. Manufacturing;
4. Construction;
5. Water, electricity, and gas supply;
6. Transportation, warehousing and telecommunications;
7. Mass media; and
8. 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 “competent authorities” used herein
shall refer to the Council of Labor Affairs, the Executive Yuan at the central
government level, the municipal cities at the municipal government level,
and the county/city governments at the county/city government level.
Article 5 No employer may, by force, coercion, detention or other illegal practices ,
compel a worker to do work.
Article 6 No one may intervene in a labor contract of other persons for illegal
interests.
Article 7 An employer is required to maintain comprehensive records for his employees,
including name, sex, birth date and birth place, address, educational
background, identification card number, date of reporting for duty, wage,
labor insurance starting date, merits and demerits, injury and disease, and
other significant facts of his employees.
The employer must maintain such records for five years after the employee's
termination date.
Article 8 An employer shall take precautions for his employees against occupational
hazards, and set up proper work environments and welfare facilities. All
safety, health, and welfare matters related thereto shall be governed by the
provisions of applicable laws.
　 Chapter II Labor Contracts
Article 9 Labor contracts are divided into fixed-term contracts and non-fixed term
contracts. A contract for temporary, short-term, seasonal or special work
shall be considered a fixed term contract; and a contract for continuous work,
a non-fixed term contract.
Under any of the following circumstances, a fixed-term contract shall be
deemed a non-fixed term contract on the expiration of the contract.
1. Where an employer raises no immediate objection when a worker continues his
work.
2. Where, upon the creation of a new contract, both the prior contract and the
new contract cover a period of more than ninety days, and the time gap between
the expiration of the prior contract and the beginning of the new contract
covers a period not exceeding 30 days.
The provisions referred to in the preceding paragraph shall not apply to a
fixed-term contract for special or seasonal work.
Article 10 If a new contract is created or if a contract is renewed within three months
after the expiration of a fixed-term contract or the termination of a non-
fixed term contract, the service period which accrues before the creation or
renewal of the contract and that thereafter shall be computed on a
cumulative basis.
Article 11 An employer may terminate a labor contract with advance notice if one of the
following five conditions exists:
1. Where the employer's business is suspended or its ownership is
transferred to others.
2. Where there is an operating loss or a business contraction.
3. Where force majesty necessitates business suspension for more than one
month.
4. Where a reduction in force is resulted from the changing of the nature of
his business and the terminated employees cannot be reassigned to other
positions.
5. Where an employee is confirmed to be incompetent for his job duties.
Article 12 An employer may dismiss an employee without advance notice if one of following
six conditions exists:
1. Where material misrepresentations by the employee at the time of hiring and
cause him to sustain damage therefrom.
2. Where violence or gross insults by the employee against the employer, his
family members or agents, or fellow workers.
3. Where the employee has been imprisoned.
4. Where the employee has committed gross breach of the labor contract or work
rules.
5. Where the employee has deliberately ruined property of the employer or
deliberately disclosed technological or confidential business information of
the employer, with damage resulting.
6. Where the employee is absent without cause for three days in a row or six
days in a month.
For categories 1, 2, 4, 5, and 6, the employer must terminate the employee
within 30 days after the employer becomes aware that such circumstances
exist.
Article 13 An employer shall not terminate a contract with a worker who is
discontinuing under Article 50, or is receiving medical treatment under
Article 59, unless he cannot continue his business by reason of force majesty,
catastrophe or other acts of God, and prior approval has been obtained from
the competent authority.
Article 14 Under any of the following circumstances, a worker may terminate a labor
contract without prior notice:
1. Where an employer misrepresents any fact at the time of his signing of a
labor contract in a manner which might mislead his worker and cause him to
sustain damage therefrom.
2. Where an employer, his family member or his agent commits violence or
extends gross insults at his worker.
3. Where the work specified in the contract has the danger of ruining the
health of a worker, and the situation has not been ameliorated after an
employer has been advised to make improvements.
4. Where an employer, his agent, or other worker has contracted infectious
diseases having the danger of contagion.
5. Where an employer does not make wage payments according to the terms of the
labor contract, or does not give sufficient work to a piece- rate worker.
6. Where an employer violates the provisions of a labor contract or labor laws
and regulations liable to sustain damage to the rights and interests of a
worker.
Where a worker desires to terminate a labor contract pursuant to subparagraphs
(1) and (6) of the preceding paragraph, he shall do so within 30 days from the
date he becomes aware of the particular situation.
Under circumstances specified in subparagraphs (2) and (4) of paragraph one, a
worker may not terminate the labor contract when an employer has discharged
his agent, or has discharged or sent those with contagious diseases to
hospital for medical treatment.
The provision of Article 17 shall apply mutatis when a labor contract is
terminated under the present Article.
Article 15 In the case of a special fixed-term contract for a term of more than three
years, a worker may, after expiration of three years, terminate the contract
by giving notice to his employer thirty days in advance.
In the case of a worker terminating a non-fixed term contract, the
provisions of Paragraph one of Article 16 pertaining to the prescribed time
limit for serving advance notice shall apply mutatis.
Article 16 Where an employer terminates a labor contract pursuant to provisions of
Article 11 or the conditions provisions of Article 13, the terms described
below shall govern the prescribed time limit for serving advance notice:
1. Where a worker has continuously worked for more than three months but
less than one year, the notice shall be given 10 days in advance.
2. Where a worker has continuously worked for more than one year but less than
three years, the notice shall be given 20 days in advance.
3. Where a worker has continuously worked for more than three years, the
notice shall be given 30 days in advance.
After receiving the advance notice referred to in the preceding paragraph, a
worker may, during hours of work, ask for leave of absence for the purpose
of finding a new job. Such leave of absence may not exceed two work days per
week. Wages shall be paid during such leave of absence.
Where an employer terminates the contract without serving an advance notice
within the time limit prescribed in the first paragraph of this Article, he
shall pay the worker wages for the advance notice period.
Article 17 Where an employer terminates a labor contract pursuant to the provisions of
the preceding Article, he shall pay separation fee to the worker in accordance
to the terms prescribed below:
1. Separation fee equivalent to one-month's average wage shall be paid to
the worker who has continuously worked in the business entity of the same
employer for each full year.
2. In respect of odd month service periods computed pursuant to the
preceding paragraph, or in respect of a service period of less than one
year, separation fee shall be computed proportionately. A service period of
less than one month shall be computed as one month.
Article 18 Under any of the following circumstances, a worker is not entitled to
additional wages for the advance notice period and severance pay:
1. Where a labor contract is terminated under the provisions of Article 12
or 15.
2. Where the worker terminates his service upon expiration of a fixed- term
contract.
Article 19 An employer or his agent shall not refuse to consent to the request for an
employment reference from a worker on the termination of the labor contract.
Article 20 A business entity which contemplates changing its company structure, or
assigning its ownership to another business entity shall, except for the
workers to be retained through negotiations between the old and the new
employers, terminate its labor contracts with the remaining workers on advance
notice within the time limit prescribed in Article 16, in addition, the
business entity shall pay separation fee to the workers in accordance with
Article 17. The new employer shall recognize the seniority of the service of
the retained workers.
　 Chapter III Wage
Article 21 A worker shall be paid such wage as is determined through negotiations with
his employer, provided, however, that it shall not fall below the basic wage.

The basic wage referred to in the preceding paragraph shall be prescribed by
the
Basic Wage Examination Committee, which is established by the Central
Competent Authority, and submitted to the Executive Yuan for approval.

The matters related to the organization and the procedures for the examination
of the Basic Wage Examination Committee, shall be prescribed by the measures
issued by the Central Competent Authority.
Article 22 Wage shall be paid in legal, circulating currency, provided, however, that
part of such wage may, by custom or business nature, be paid in kind in
accordance with the labor contract. If a part of such wage is paid in kind,
the conversion rate of such articles in kind shall be reasonable, and the
articles provided shall be suitable to the needs of both the worker and his
family members.
Wage shall be paid to the worker directly and in full amount, unless otherwise
prescribed by applicable laws or regulations or agreed to by the employer
and the worker.
Article 23 Except as otherwise agreed to by the parties to a labor contract, or where
wages are paid in advance on a monthly basis, wages shall be paid at least
twice a month. This shall also apply to wages computed on a piece-work basis.
An employer shall keep a payroll of workers specifying the amount of wages
payable, the items of wage computation, and the sum total of wage payments.
The payroll shall be kept in custody for at least five years.
Article 24 An employer shall pay a worker wages for overtime on the following rate:
1. Where the overtime does not exceed two hours, the worker shall be paid,
in addition to his regular hourly wage, at least an additional 1/3 of his
regular hourly rate.
2. Where the overtime is over two hours, but does not exceed four, the
worker shall be paid in addition to his regular hourly wage, at least an
additional 2/3 of his regular hourly rate.
3. Where the overtime is requested in accordance with the provisions of
paragraph 3 of Article 32, the worker shall be paid an overtime wage two times
his regular hourly rate.
Article 25 An employer shall not engage in differential treatments of his employees on
the basis of sex. Workers shall receive equal pay for equal work of equal
efficiency.
Article 26 An employer shall not make any advance deduction of wages as punitive
damages or indemnity.
Article 27 If wages are not paid on schedule, the competent authority may order the
particular employer to pay them within the prescribed period.
Article 28 In case an employer winds up his business, liquidates, or is adjudicated
bankrupt, his workers shall have top-priority right in receiving wages which
are payable under labor contracts and overdue for a period of less than six
months.
An employer shall make a monthly deduction at a fixed rate of the insurance-
wage of workers and deposit the same in the overdue wages repayment fund for
the payment of wage arrears. When the repayment fund has accumulated to a
certain sum, the rate shall be reduced or suspended.
The rate of deduction referred to in the preceding paragraph shall be
determined by the central competent authority at less than 0.1 percent （of
the insurance-wage of all workers）, to be approved by the Executive Yuan.
When an employer rejects a worker's claim for the payment of wage arrears,
overdue wages may be repaid from the repayment fund. The employer concerned
shall be responsible for the repayment to the fund of the sum within the
prescribed period.
The overdue wages repayment fund shall be controlled by the commission to be
set up by the central competent authority. All matters in connection with
the collection and disbursement of the repayment fund shall be entrusted to
the Labor Insurance Agency by the central competent authority. The rate of
deduction referred to in paragraph 2, the payment procedures, measures for the
collection, disbursement, and the control of the repayment fund, and the
regulations on the structure of the control commission shall be determined
by the central competent authority.
Article 29 After the closing of books at the end of the business year, a business
entity shall, after having paid income taxes, covered losses and set aside
stock dividends and provident funds, pay allowances or bonuses out of the
balance of profits, if any, to workers who have committed no misconduct in the
preceding year.
　 Chapter IV Work Hours, Time off and Leave of Absence
Article 30 A worker shall have regular working time not in excess of eight hours a day
and eighty-four hours every two weeks.
With the consent of a labor union, or if there is no labor union exists in a
business entity, with the approval of a labor-management conference, an
employer may distribute the regular working hours, referred to in the
proceeding paragraph, of any two workdays in every two weeks, to other
workdays, provided that no more than two hours shall be distributed to each of
the other workdays. However, the total number of working hours shall not
exceed forty-eight hours every week.
With the consent of labor union, or if there is no labor union exists in a
business entity, with the agreement of a labor-management conference, an
employer may distribute the regular working hours, referred to in the first
paragraph, in every eight weeks, provided that the regular working time
shall not in excess of eight hours a day and the total number of working hours
shall not exceed forty-eight hours every week.
Paragraphs 2 and 3 are only applicable to the lines of business designated
by the central competent authority.
The employer shall keep workers’ sign-in books or time cards to record
workers’ attendance on a day-to-day basis. These books and cards are to be
kept in custody for at least one year.
Article 30- 1 For the lines of business designated by the central competent authority,
upon the consent of a labor union, or if there is no labor union exists in a
business entity, with the approval of a labor-management conference, an
employer may change his (or her) working hours under the following
principles:
1. The distribution of regular working hours to other work days in four
weeks shall not exceed two hours a day and is not subject to the
restrictions referred to in paragraphs 2 to 4 to the preceding Article.
2. When the regular workday is ten hours a day, the overtime work shall not
exceed two hours for that particular day.
3. Every two weeks shall have at least two days off as a regular leave and
is not subject to the restrictions referred to in Article 36.
4. Female workers on night shift, except for those who are pregnant or are
feeding their babies, are no longer subject to the restrictions referred to in
Article 49, however, the employer must provide satisfactory safety and
health facilities.
The lines of business that are applicable to Article 3, which was amended
and enforced before December 27, 1996, except for agriculture, forestry,
fishery, and pasturage business, referred to in item 1, paragraph 1, are not
applicable to the preceding paragraph.
Article 31 The work hours of a worker whose place of work is in a pit or tunnel shall
begin from the time he enters the pit or tunnel to the time he departs there
from.
Article 32 When an employer has a necessity to have his (or her) employee to perform
the work besides regular working hours, he (or she), with the consent of a
labor union, or if there is no labor union exists in a business entity, with
the approval of a labor-management conference, may extend the working hours.
The extension of working hours referred to in the preceding paragraph,
combined with the regular working hours, shall not exceed twelve hours a
day. The total number of overtime shall not exceed forty-six hours a month.
Due to the occurrence of an act of God, an accident, or an unexpected matter
and when an employer has a necessity to have his (or her) employee to
perform the work besides regular working hours, may extend the working
hours. However, the employer shall notify the labor union within twenty-four
hours after the beginning of the extension. If there is no labor union exists,
shall report to the local competent authority for registration. Subsequent
to the over time, the employer shall offer worker suitable time off.
Except for supervisory duties or in any of the situations referred to in the
preceding paragraph, the working hours of a worker in a pit or tunnel shall
not be extended.
Article 33 Where for business entitles other than manufacturing and mining as
prescribed in Article 3, for the convenience of the public or other special
reasons requiring an adjustment of regular work hours and the terms of
overtime referred to in Articles 30 and 32, a local competent authority may,
if necessary, order such an adjustment within the specified limits after it
consulted with the competent authority in charge of the particular business
operations and the labor union.
Article 34 If a day and night shifts system is adopted, workers on such shifts shall be
rotated on a weekly basis except as otherwise consented to by the workers.
Shift workers rotated in accordance with the prescriptions of the preceding
paragraph shall be granted periods of time off.
Article 35 A worker shall be permitted to have time off for at least 30 minutes after
having worked for four hours on end, provided, however, that such time off may
be rescheduled by his employer to be given in other work hours if a shift
system is in operation or work of continuous or urgent nature is engaged.
Article 36 A worker shall have one regular day off in every seven days.
Article 37 A worker shall be granted time off on all holidays, Labor Day and other days
as prescribed by the central competent authority.
Article 38 Where a worker continues to work for one and the same employer or business
entity for a certain period of time, he shall be granted special leave on an
annual basis on the following scale:
1. seven days for the service of more than one year but less than three.
2. ten days for the service of more than three years but less than five.
3. fourteen days for the service of more than five years but less than ten.
4. one additional day for each year of service over ten years up to a
maximum of thirty days.
Article 39 Wages shall be paid by an employer to a worker regularly for taking a
regular day off under Article 36, a holiday under Article 37 and a special
leave under Article 38. When an employer has obtained the consent of a
worker to work on a holiday, he shall pay the worker double therefor. This
shall also apply where, with the consent of the worker or the labor union, the
worker is required to work to meet seasonal demands.
Article 40 An employer may require workers to suspend all leaves of absence referred to
in Article 36 to 38 inclusive, if force majesty, accident or unexpected matter
requires continuance of work provided, however, that he shall pay double wages
for work during the suspended leave. The workers shall be granted leave
after-words to compensate for the leave suspended.
In respect of the suspended leave referred to in the preceding paragraph,
the employer shall file a report within 24 hours with the local competent
authority for approval and registration. Such a report shall contain full
details and reasons for the suspension.
Article 41 If it is deemed necessary by the local competent authority, the special
leave of workers in public utilities referred to in Article 38 may be
suspended, for which the employer shall pay double wage.
Article 42 An employer shall not compel a worker to do work besides regular work hours
which he cannot do on account of health or other suitable reasons.
Article 43 A worker may take time off because of marriage, bereavement, sickness or other
proper reasons. The permissible number of days off and the minimum rate of
wage payment for other leaves than casual leave shall be prescribed by the
central competent authority.
　 Chapter V Child Workers and Women Workers
Article 44 Males and females of more than fifteen but less than sixteen years of age
shall be child workers if there are employer to work.
No child worker shall be permitted to do heavy and hazardous work.
Article 45 No employer may employ a worker below fifteen years of age unless the worker
is a graduate of junior high school or by nature and circumstances the work is
confirmed by the competent authority to be such that it will do no harm to the
worker's physical or mental health.
The provisions for the protection of child workers shall apply, mutatis
mutandis, to the employees referred to in the preceding paragraph.
Article 46 To employ a worker below sixteen years of age, an employer shall possess the
letter of consent and the certificate of age from the guardian of the worker.
Article 47 Work time for child workers shall not exceed eight hours per day. No child
worker shall be permitted to work on a regular day off.
Article 48 No child worker shall be permitted to work between eight o'clock in the
afternoon and six o'clock in the following morning.
Article 49 An employer shall not make his (her) female worker perform her work between
ten o'clock in the evening and six o'clock in the following morning.
However, with the consent of a labor union, or if there is no labor union
exists in a business entity, with the approval of a labor-management
conference, and the following requirements in each item are met, the preceding
restrictions are not applied:
1. The necessary safety and health facilities are provided.
2. When there is no public transportation facilities available, transportation
facilities are provided or dormitories for female workers are arranged.
For the necessary safety and health facilities referred to in item 1 of the
preceding paragraph, their standards shall be determined by the central
competent authority.
When a female worker is unable to work between ten o'clock in the evening
and six o'clock in the following morning due to health or other justifiable
reasons, the employer shall not force her to work.
Due to the occurrence of act of God, an accident, or an unexpected matter, and
the employer has a necessity to make his (or her) female worker perform her
work between ten o'clock in the evening and six o'clock in the following
morning, the requirements in the first paragraph shall not be applied.
For those female workers who are pregnant or are feeding their babies, the
provisory clause of paragraph 1 and the preceding paragraph shall not be
applied.
Article 50 A female worker shall be granted maternity leave before and after childbirth
for a combined period of eight weeks. In the case of a miscarriage after being
pregnant for more than three months, the female worker shall be permitted to
discontinue work and shall be granted maternity leave for four weeks.
Where the female worker referred to in the preceding paragraph has been in
service for more than six months, she shall be paid wages for the maternity
leave: if her service has been less than six months, she shall be paid wages
at half her regular rate.
Article 51 A female worker may apply to be transferred to easier work, if available,
during the period of her pregnancy. The employer shall neither reject the
application nor reduce her wages.
Article 52 Where a female worker is required to breast-feed her baby of less than one
year of age, the employer shall permit her to do so twice a day, each for
thirty minutes, besides the break period prescribed in Article 35.
The breast-feeding time referred to in the preceding paragraph shall be deemed
work time.
　 Chapter VI Retirement
Article 53 A worker who is in any one of the following situations may apply for voluntary
retirement:
1. When the worker attains the age of 55 and has worked for 15 years.
2. When the worker has worked for more than 25 years.
Article 54 An employer shall not force a worker to retire unless any one of the following
situations arise:
1. When the worker attains 60 years of age.
2. When the worker is incapacitated owing to mental defect or physical
handicap.
A business entity may request the central competent authority to adjust the
age prescribed in subparagraph 1 of the preceding paragraph if the special
nature of the job performed by the worker involves risks or requires
substantial physical effort, provided, however, that the age shall not be less
than 55.
Article 55 Retirement payments shall be made on the following scale.
l. According to the years of service a payment of two units for each year of
service, provided, however, that it shall be one unit per year after the
completion of the fifteenth year, and that the total units shall not exceed
45. Any fraction of a year which is less than 6 months shall be counted half a
year and any fraction of a year which is equal to or more than six months
shall be counted as one year of service.
2. An additional 20 per-cent of the retirement payments prescribed in the
preceding subparagraph shall be made to the worker who retires mandatorily
in accordance with the provisions of subparagraph 2 of paragraph 1 of
Article 54, provided, however, that the mental defect or physical handicap
is caused by an occupational accident.
Each unit of retirement payment referred to in subparagraph 1 of the preceding
paragraph shall be computed as one month of average wage at the time of
approved retirement.
If an employer finds it difficult to make a lump sum payment of the retirement
benefits referred to in paragraph l, he may seek approval from the competent
authority for paying in installments. Where the original regulations adopted
by the business entity before this law becomes effective contain more
attractive terms than those provided for herein, such regulations shall
apply.
Article 56 An employer shall deduct a certain sum of money every month and deposit the
same in a special account as the reserve fund of retirement payment for
workers. This fund shall not be permitted to be used for transference,
mortgage, cancellation or guarantee. The deduction and the deposit rate, its
measure for the matters related to its procedure and administration shall be
determined by Central Competent Authority and approved by the Executive Yuan.

The reserve funds of retirement payment for workers deducted and deposited
by employers each month mentioned in the preceding paragraph, shall be
collected as a Labor Retirement Fund. The fund shall be administered by a
Supervision Committee of Labor Retirement Fund. The organization meetings
and other related matters shall be prescribed by the Central Competent
Authority.

The income and outlay, safekeeping and utilization of the Fund mentioned in
the preceding paragraph shall be handled by the financial institutions
assigned jointly by the Central Competence Authority and the Ministry of
Finance.

The minimum earnings shall not be below that of a two-year deposit interest
rate of a local banking institution. Any loss sustained shall be compensated
by the National Treasury. The measures related to the matters of income and
outlay, safekeeping and utilization of the Fund shall be prescribed by the
Central Competence Authority and approved by the Executive Yuan.

Workers’ retirement reserve fund deducted and deposited by the employer shall
be under the direction and supervision of the committee composed of workers
and employer. Worker representatives shall not be less than two-thirds of
the committee total.
Article 57 A worker seniority is the years of service for one and the same business
entity. The seniority of a worker who is transferred to another company
owned by the same employer and his accrued seniority which shall be recognized
by his new employer on a continued basis under Article 20 shall be combined
for calculation purposes.
Article 58 The right of a worker to claim retirement payment shall not be recognized if
it is not exercised within five years from the month following the effective
date of retirement.
　 Chapter VII Compensation for Occupational Accidents
Article 59 An employer shall pay compensation to a worker who is injured, sick,
incapacitated or deceased owing to an occupational accident on the following
scale. But for the amount an employer has already paid as compensation under
the provisions of the Labor Insurance Law or other applicable laws or
regulations, he may be exempted therefrom:
l. When a worker is injured or has occupational disease, the employer shall
compensate him the necessary medical expenses. The kind of occupational
diseases compensable and the sphere of medical service shall be determine by
pertinent provisions of the Labor Insurance Law.
2. When a worker under medical treatment is not able to work, the employer
shall pay him compensation according to his original wage rate. But if after
two years of medical treatment the worker has not recovered, and the
designated hospital has definitely recognized that he has lost his original
ability to work, but that he has not fulfilled the conditions referred to in
subparagraph 3 for the entitlement of disability benefit, the employer may pay
him a lump sum allowance of 40 months average wage, and be exempted from
further responsibilities of wage compensation.
3. When after the termination of medical treatment the designated hospitals
have definitely recognized that the worker is disabled, the employer may pay
him a lump sum as disability compensation in accordance with the average wage,
the degree of disability of the worker, and the standard of disability
compensation prescribed in the pertinent provisions of the Labor Insurance
Law.
4. When a worker dies of occupational injury or disease, an employer shall pay
funeral subsidy equivalent to five months of average wage and a lump sum
survivors compensation equivalent to 40 months of average wage.
His survivors shall be entitled to receive death compensation in accordance
with the order prescribed below:
1. Spouse and son. and/or daughter.
2. Father and/or mother.
3. Grandfather and/or grandmother.
4. Grandson and/or granddaughter.
5. Brother and/or sister.
Article 60 The compensation paid by an employer in accordance with the provisions of
the preceding Article may be offset as compensation payable for damage arising
out of the same peril.
Article 61 The right to receive compensation prescribed in Article 59 shall not be
recognized if it is not exercised within two years from the date when the
compensation becomes receivable.
The right to receive compensation shall not be prejudiced by the separation of
service by .the worker, nor shall it be used, for transference,
cancellation, mortgage or guarantee.
Article 62 The owner of a business entity who contracts his work to a contractor who
subsequently subcontracts, the contractor, subcontractor, and the last
subcontractor shall be jointly and separately liable for the
responsibilities of compensation for occupational accidents assigned to an
employer by the provisions of this chapter.
When a business entity, or contractor or subcontractor pays compensation for
occupational accidents in accordance with the provisions of the preceding
paragraph, each may claim for reimbursement for the portion borne from the
last subcontractor.
Article 63 Where a contractor's or subcontractor's work site is located within the sphere
of work site of the business entity or provided for by the same, the owner
shall supervise the contractor or subcontractor to provide their hired workers
with such labor conditions as prescribed in applicable laws and regulations.
A business entity shall be jointly and severally liable with the contractor or
subcontractor for the compensation of occupational accidents caused by workers
hired by the contractor or subcontractor for having violated the provisions of
the Labor Safety and Health Law pertaining to obligations which the contractor
or subcontractor are required to perform.
　 Chapter VIII Apprentices
Article 64 No employer shall be permitted to recruit as an apprentice any person who is
less than fifteen years of age, with the exception, however, that such a
person is a junior high school graduate.
The term apprentice used herein shall denote a person whose objective is to
learn technical skills and to receive apprenticeship training from the
employer in accordance with the provisions of this chapter. Such a person is
an apprentice as prescribed by the central competent authority under the
training job classification system.
The provisions of this chapter shall apply mutatis mutandis to foster
workers and interns of a business entity, students under a business-
education cooperation project, and other persons similar to apprentices by
nature.
Article 65 In recruiting an apprentice, an employer shall sign a written training
contract in triplicate with each apprentice, providing for training
subjects, training period, board and lodging arrangements, living
allowances, relevant teaching subjects, labor insurance, certificate of
completion of training, the effective date of contract, the conditions for the
termination of the contract, and other clauses relating to the rights and
obligations of both parties to the contract. One copy of the contract shall be
kept by each member of the party thereto, and the remaining copy shall be
forwarded to the competent authority for registration.
Without the prior consent of his statutory representative, no apprentice
referred to in the preceding paragraph shall be allowed to sign an
apprenticeship training contract if he is a minor.
Article 66 No employer shall be permitted to receive training fees from an apprentice.
Article 67 An employer may retain an apprentice upon the completion of his training
period and shall pay him the equivalent wage rate payable to other workers
doing the same work. The retention period, if specified in an apprenticeship
training contract, shall not be longer than the training period.
Article 68 The number of apprentices shall not exceed one-fourth of the number of
workers. The number of workers shall be deemed four for calculation purposes
even if it is below that number.
Article 69 The provisions of chapter 4 pertaining to work hours, time off and leave of
absence, chapter 5 pertaining to child workers and women workers, and
chapter 7 pertaining to compensation for occupational accidents and other
labor insurance matters shall apply mutatis mutandis to apprentices.
The standard for calculating the wage of an apprentice in connection with
the compensation for occupational accidents shall not fall below the basic
wage.
　 Chapter IX Work Rules
Article 70 An employer hiring more than thirty workers shall set up work rules in
accordance with the nature of the business, and shall publicly display the
rules after they have been submitted to the competent authority for approval
and registration. The rules shall specify the following items:
l. Work hours, time off, leave of absence, national holidays, special leave of
absence, and methods for arranging shifts for doing continuous work.
2. Wage rates, the methods of calculating, and pay days.
3. Overtime work .
4. Allowances and bonuses-provisions.
5. Disciplinary policies.
6. Rules for attendance, leave taking, commending or demerits, promotion and
transfer.
7. Recruitment, discharge, separation, withdrawal of service and retirement.
8. Compensation and pension for injury or disease caused by occupational
accidents.
9. Welfare measures.
10. Safety and health regulations which employers and workers are obliged to
observe.
11. Methods for the promotion of communication and cooperation between the
employer and the workers.
12. Others.
Article 71 The work rules shall be null and void if they contravene any mandatory or
prohibitive provisions of laws, regulations, or collective agreements
applicable to the business entity .
　 Chapter X Supervision and Inspection
Article 72 In order to thoroughly enforce this law and other labor statutes and
regulations, the central competent authority shall either establish a labor
inspection institution, or delegate this power to the competent authorities in
the municipal cities to establish inspection institutions specifically to
carry out these functions. Competent authorities in the municipal cities and
counties/cities may also as necessary, dispatch their own staff members to
conduct inspection.
The organizational structure of the labor institutions referred to in the
preceding paragraph shall be determined by the central competent authority.
Article 73 In performing his official duties, an inspector shall display his inspection
certificate. No business entity may reject visits of inspection. In case of
rejection by the business entity, the inspector may enforce the visit in
conjunction with the local competent authority or the police .
In the course of the official visit, an inspector may require the business
entity to produce necessary reports, records, books of account and other
relevant documents or written explanations as prescribed by the provisions
of this law. If he finds it necessary to be furnished with supplies, samples
or materials, a prior notice shall be given to the employer or his agent, in
addition, he shall issue a receipt in favor of the employer to acknowledge the
materials given to him.
Article 74 A worker may, on the discovery of any violation by the employer of this law or
other labor laws and regulations, file a complaint to his employer, the
competent authority or the inspectorate.
An employer may not discharge, transfer or take any disciplinary action
against the worker who files a complaint referred to in the preceding
paragraph.
　 Chapter XI Penal Provisions
Article 75 An employer who violates the provisions of Article 5 shall be imprisoned for a
term not exceeding five years, detained or fined 50,000 yuan or both .
Article 76 An employer who violates the provisions of Article 6 shall be imprisoned for a
term not exceeding three years, detained or fined 30,000 yuan or both.
Article 77 An employer who violates Article 42, the second paragraph of Article 44,
Article 45, Article 47, Article 48, Paragraph 3 to Article 49 or Paragraph 1
to Article 64 shall be imprisoned for a term not exceeding six months,
detained or fined 20,000 yuan or both.
Article 78 An employer who violates the provisions of Article 13, Article 17, Article 26,
Article 50, Article 51 or paragraph one of Article 55 shall be fined a sum not
exceeding 30,000 yuan.
Article 79 An employer who has committed any one of the following acts shall be
punished by an administrative fine of not less 2,000 yuan but not exceeding
20,000 yuan:
1. Violation of the provisions of Article 7, Paragraph 1 to Article 9, Article
16, Article 19, Paragraph 1 to Article 21, Article 22, Article 23, Article 24,
Article 25, Paragraph 2 to Article 28, Article 30, Article 32, Article 34.
Article 35, Article 36, Article 37, Article 38, Article 39, Article 40,
Article 41, Article 46, Paragraph 1 to Article 56, Article 59, Paragraph 1
to Article 65, Article 66, Article 67, Article 68, Article 70, Paragraph 2
to Article 74.
2. Violation of order of the competent authority concerning wage payment
within time limit as provided in Article 27, or adjustment of work hours as
provided in Article 33.
3. Violation of provisions concerning leave of absence or the minimum wage
rate payable during leave of absence besides casual leave prescribed by the
competent authority in accordance with Article 43.
Violation of Paragraph 5 to Article 49 shall be punished by an
administrative fine of not less 10,000 yuan but not exceeding 50,000 yuan. For
those administrative fine is imposed but remain unimproved, the administrative
fine can be imposed continuedly.
Article 80 Any person who rejects, avoids or obstructs a labor inspector, in the
performance of his official duties shall be punished by a fine of not less
than 10,000 yuan but not exceeding 50,000 yuan.
Article 81 If the representative of a legal person, the legal person or the agent of a
natural person, an employee or other professional contravenes this law in
the rendering of respective services, he shall be punished according to the
provisions of this chapter; in addition, the legal person or the natural
person shall also be punished by such fine as provided in the respective
Articles, provided, however, that exemptions shall be granted when the
representative of the legal person or the natural person has tried his best to
prevent the occurrence of the contravention .
The representative of a legal person or the natural person who instigates or
encourages action of contravention shall be deemed a contravenor.
Article 82 Where the fine referred to in this law remains unpaid after the demand for
payment by the competent authority, the case may be referred to the court
for compulsory execution.
　 Chapter XII Supplementary Provisions
Article 83 A business entity shall convene labor-management conference to coordinate
the relationship and to promote cooperation between management and labor as
well as to increase work efficiency. The measures shall be drawn up by the
central competent authority in conjunction with the Ministry of Economic
Affairs and submitted to the Executive Yuan for approval.
Article 84 A civil servant who also has the legal status of a worker shall be governed by
civil service laws and regulations on such matters as appointment,
discharge, salary payment, commendation, punishment, retirement, pension and
insurance (including compensation for occupational accidents). If the rest
of the labor conditions is more advantageous that the relevant provisions of
this law, the more advantageous portion shall apply.
Article 84- 1 After the approval and public announcement of the Central Competent Authority,
the following types of workers may arrange their own working hours, regular
days off, national holidays and female workers' night work through other
agreements with their employers. These agreements shall be submitted to the
local competent authorities for approval and registration and shall not
subject to the restrictions imposed by Articles 30, 32, 37 and 49 of the Law:
1. Supervisory, managerial personnel or authorized specialists.
2. Monitoring or intermittent jobs.
3. Other types of job of special nature.
The agreement made under the preceding Paragraph shall be in the form of
written document. They shall use the basic standards contained in the Law as
reference and shall not be detrimental to the health and well-being of the
workers.
Article 84- 2 The seniority of a worker is calculated from the first day of his/her
employment. The standards of severance pays and retirement benefits for the
seniority accumulated before the application of the Law shall be calculated in
accordance with the applicable laws and administrative regulations effective
during that time . In cases there were no applicable laws and administrative
regulations, these standards shall be calculated in accordance with the
rules promulgated by the respective business entities or the agreements
reached by workers and employers themselves. After the application of the Law,
the standards of severance pays and retirement benefits for the seniority
accumulated shall be calculated in accordance with Articles 17 and 55 of the
Law.
Article 85 The enforcement regulations of this law shall be drawn up by the central
competent authority and submitted to the Executive Yuan for approval.
Article 86 This law shall be implemented on the day of promulgation, provided that
Paragraphs 1 and 2 to Article 30, which were amended and promulgated on June
28, 2000, shall be implemented on January 1, 2001.