Problems relating to Trade and Investment on Taiwan

 
16. Employment
Issue
Issue details
Requests
Reference
(1) Unstable Employment of Workers under the Fixed Term Contract of Employment - Limited only to seasonal or temporary type of work, fixed term contract of employment (FTCE) is permitted. However, there is a potential risk related to employment of workers considered to be seasonal labour. - It is requested that GOT establishes the system that guarantees flexible adjustment of workers.
(2) Shortage of Human Resources for Managers and Engineers - In the past few years, there has been exodus abroad of numerous Taiwanese over issues involving low technology level and wages, resulting in acute shortage of human resources in the capacity of engineers and managers. - It is requested that GOT:
-- ensures technology transfer to Taiwan with adequate wage scale,
-- overhauls environment for investment, and
-- builds up environment that human resources cluster.
(3) Likely Introduction of Proportionate Restrictions on Despatched Workers - The draft "despatched workers protection law" now under preparation includes restrictive provision: "despatched workers must be less than 3% of the total number of employees". It is difficult for manufacturing enterprises with a large number of employees to hold it down to less than 3%. - It is requested that GOT takes step to deregulate "the less than 3%" provision.
(4) Capped Regular/ Overtime Work Hours - Labour Standard Act, Taiwan (LSAT) (under Article 32) provides certain restrictions on flexible employment of regular work hours and a cap on overtime work. Under this act, adjustment of work hours flexibly on seasonable goods, etc. is difficult, debilitating competitiveness of the products domestically manufactured in Taiwan. - It is requested that got takes step to:
-- introduce flexible employment of the fixed working hours (such as by the unit of one-year ) under "Article 36. special provisions" of LSAJ,
-- or else, exclude the first 8-hours on holidays (normally saturdays) from the legal overtime work, while the deliberation is under way in the draft amendment to change the Legal Monthly Working Hours (LMWH) from 46 to 60-hours per month.
- Japan: Labour Standards Act (LSAJ), Article 32(2)-(5), Article
- Taiwan: Labour Standards Act (LSAT), Article 32(2)


<<BACK