- Posted August 25, 2013 by
Employer’s violation of Labor Law is the biggest problem to be solved in the job market of Taiwan
Bad conditions of employment in Taiwan have been lasted for many years. The violation of Labor Law by employers could be the reason. This is a serious problem but has not been improved so far. Taiwanese companies should afford more pressure and inspection from all over the world.
The common phenomenon that Taiwanese employers violate the Labor Law keeps frustrating all labors. It is very difficult to find a company that never violates the Labor Law. Most Taiwanese local companies used to treat labors dishonestly and against basic human rights. The lists of companies that violated the Labor Standards Act were published from the Bureau of Labor twice to three times each year(http://www.cla.gov.tw/cgi-bin/siteMaker/SM_theme?page=4e9e63d1). The latest list includes companies from small enterprises to big corporations such as:
Nan Shan Life Insurance Company, Ltd.
Shin Kong Life Insurance Co., Ltd.
Hi-Life Co., Ltd.
104 Human Resource Corporation
Advanced Semiconductor Engineering (ASE) Group
KUO-KUANG motor transport
CMC Magnetics Corporation
Wellcome、JASONS Market Place
ICAN Dispatch Co.
Mektec Industrial Corp ,Ltd.
(For English-translated list, please see this page: http://saydirectly.blogspot.tw/)
The most common rules being violated by Taiwanese employers include:
-Didn't grant workers annual paid leaves
-Didn't pay workers overtime wages in accordance with the provisions
-Didn't pay workers for holiday work or pay at double the regular rate for working on day-off
-The extension of working hours combined with the regular working hours exceed twelve hours a day or the total number of overtime exceeds forty-six hours a month.
-Didn't grant workers recess on holidays
-Didn't pay wages in full directly to the worker
-Workers’ regular working time in excess of eight hours a day and eighty-four hours every two weeks
-Make his /her female worker perform her work between ten o'clock in the evening and six o'clock in the following morning without the approval of a labor-management conference
-Didn't pay workers wages on schedule and hasn't improved in spite of the competent authority's order of paying them within the prescribed period
-Didn't grant workers at least one regular day off in every seven days
-Didn't pay workers wages regularly
-Didn't keep a worker payroll roster to record entries such as wages payable, the items of wage computation, and the total sum of wage payment.
-Didn't prepare and keep sign-in books or time cards to record worker attendance on a day-to-day basis.
Except these rules, many employers don’t enroll their workers in labor and health insurance regardless of the regulation of Labor Insurance Act (http://laws.cla.gov.tw/Eng/FLAW/FLAWDAT01.asp?lsid=FL014980) that clearly states employer should insure their labors.
Some of the companies have repeated the violation each year, the penalty by government is not so heavy to alarm them at all. These violators don’t care about their reputation even though their names are published on the Internet. No matter how serious their violations are, they still can get labors and run their business since looking for a job in Taiwan is difficult to labors. However, the labor can only tolerate the unfair treatment since they have to maintain their life.
There are two examples which show the unhealthy employment condition in Taiwan:
Last October, four female workers of Danee Silk International Co., Ltd., located in New Taipei City, accused their employer of violating the Labor Pension Act (http://laws.cla.gov.tw/Eng/FLAW/FLAWDAT01.asp?lsid=FL036246). Danee Silk reported the 4 workers monthly contribution wage as NTD 25,000 to 40,000, much lower than the real monthly wage: NTD 50,000 to 90,000. It has resulted in the missing of their retirement pension total 550,000 since the 6 years of working in this company. Ultimately these four workers were laid off by company, and the Bureau of Labor Insurance just fined Danee Silk NTD 5,000 and asked them to improve. (Original news: http://www.appledaily.com.tw/appledaily/article/headline/20121030/34607478/)
This January, the CEO of Catcher Technology Co., Ltd., the leading manufacture in integral casing for smart phones and high-end laptops which located in Tainan City, said that it’s difficult to get labors even though they offered the salary of NTD 40,000. Their former employees disclosed that their salary was only from 17,000 to 22,000, 4 day-offs a month, the overtime pay is only NTD 87.5 per hour. Working to death from morning to night may bring them salary of 40,000. (Original news: http://tw.news.yahoo.com/4%E8%90%AC%E6%8B%9B%E5%98%B8%E4%BA%BA-%E5%8F%AF%E6%88%90%E9%81%AD%E7%88%86%E5%BA%95%E8%96%AA%E4%B8%8D%E5%88%B02%E8%90%AC-101124656.html)
In conclusion, working in Taiwan is a hopeless thing because most employers used to disobey the law, and the government has kept failing in controlling the situation and solving problems of employment efficiently.