With a competitive job market and low employment rate, companies must employ strategic recruitment practices to attract and retain skilled talent in Taiwan.

Recruiting in Taiwan

When recruiting in this country, you can either look for nationals or seek international employees living in Taiwan. The Employment Services Act stipulates that you must give preferable or affirmative consideration to nationals from Taiwan. Employing an international employee cannot jeopardize a national’s opportunities.

While hiring in Taiwan, companies cannot:

  • Present false advertisements or disclosures
  • Request applicants to surrender personal documents unrelated to the employment
  • Withhold an applicant’s belongings
  • Collect bond from an applicant
  • Assign an applicant or employee to engage in any work that violates public orders
  • Submit false information or fake health examination samples when applying for permits for international employees
  • Fail to publicly disclose the regular-pay range or directly inform applicants when regular monthly pay is below TWD 40,000

Legal and background checks

Taiwan does not prohibit background and reference checks. However, employers must abide by the applicable laws and regulations related to privacy and personal information security. Companies can also request screenings for candidates, such as drug or personality tests, as long as human rights protections are taken into consideration. All tests must be conducted under the employee’s free will.

Laws against discrimination in Taiwan

The Employment Services Act also prohibits companies from discriminating against any applicant or employee based on:

  • Race
  • Religion
  • Age
  • Gender
  • Sexual orientation
  • Marital status
  • Disabilities
  • Political party
  • Appearance
  • Place of birth or origin
  • Thought
  • Language
  • Labor union membership
  • Facial features
  • Horoscope
  • Blood type

How to hire employees in Taiwan

Hiring employees in Taiwan should start with an employment contract. Although individual contracts are not the norm or required in Taiwan when employing local national employees, we strongly recommend that you draft a written agreement that includes terms such as compensation, benefits, and termination conditions. Make sure to write all compensation amounts in Taiwan dollars (TWD). If employers hire international employees, a written employment contract must be provided.

Taiwan’s Labour Standards Act (LSA) recognizes two types of employment contracts — fixed-term and non-fixed-term. Fixed-term contracts are only allowed for non-continuous work: temporary or short-term work up to six months, seasonal work up to nine months, and specific work for a defined period. Specific work contracts longer than one year need competent authority approval.

Taiwan employment laws

Most Taiwan employment compliance laws are covered in the LSA, although some occupations and industries follow the Civil Code. A company with 30 or more workers must draft work rules and submit them to the local competent labor authority for approval. It must also publicly display the rules at the workplace.

 These laws are required to cover a range of aspects, including working hours, paid leave, disciplinary measures, and health and safety regulations. The law also stipulates employers must give preference to employees from Taiwan as opposed to hiring international employees.

Taiwan employment compliance also applies to work hours. The typical workweek is 40 hours, with eight-hour days. Regular weekly working hours shouldn't exceed 40 hours. Overtime is permitted; however, there are various steps to ensure compliance, including the approval of the labor union or labor-management conference.

Onboarding in Taiwan

The onboarding process is different for every country and can vary depending on the type of business, but you can follow these best practices to ensure a smooth transition:

  • Go over the employment contract during the employee’s first day or week.
  • Provide any necessary training that the employee will need to succeed.
  • Draft a code of conduct and have all employees sign it.
  • Develop a buddy program to accompany new hires.
  • Onboard multiple employees together to save time.

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