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Labor Laws Consultations

  In the volatile climate of global economies and steady changes in laws, corporates seek measure to avoid expenditure and loss. Workers, as the asset of corporates and risk of litigations, account determining role in corporates’ expenditure and loss, while workers are positively connected to corporates’ risks of class actions for overtime, disclosure of critical trade secrets, failure to retain talents in research and invention and administrative fines for insufficient safety facilities at work place. Hence, in avoidance of expenditure and loss, corporates must understand and comply with labor laws.

  The labor laws in Taiwan covers from the noticeable Labor Standards Act, Labor Pension Act, and other less high profile enactments such as Act of Gender Equality in Employment, Labor Safety and Health Act, Employment Services Act, and Act for Worker Protection of Mass Redundancy. All the acts set out the basic standard in the employment. To realize the acts, interpretations issued by Council of Labor Affairs, Administrative Yuan, regardless their lower hierarchy than the acts, function as the substantial laws over labor affairs, while the interpretations clarify situations to which certain regulations shall apply. Hence, corporates are easily lost in the forest of laws and become easy games to the punishments imposed on violators as specified in the laws.


 Corporate competitiveness is closely related to the labor laws, while employee retention saves training cost and retains talents of corporates. Hence, an optimal staff motivation scheme then becomes the centerpiece for corporates’ concerns. DTT Attorneys-at-Law is resourceful in the plan and assessment of the motivation scheme, which insures the motivation scheme to be both legal and serving to corporates’ goal.


The experts of DTT Attorneys-at-Law (“DTT Legal”) can provide legal consultations on Taiwanese labor law. Hereunder please see the scopes of our labor law consultation service:


General Labor Laws Compliance

Customized Employment Consultations

Consultations on Labor Affairs of Corporate Reconstruction

Plans and Consultations on Stock options and employee motivation scheme

General Labor Laws Compliance

Regulations, procedures, and restrictions with respect to work time, vacation, hiring and unemployment, overtime payments, pension preparation and handling of occupational accidents shall be the priority for corporate governance, because any violation thereof damages corporates’ reputation and inflicts a chain of punishments on corporates. DTT Team can provide the following services for corporates:

• Preparation for the Employment Agreement
• Consultations on Foreign Workers Hires (Managers and Technicians)
• Consultations on Termination of Employment
• Legal Assessment for Transference of Worker
• Consultations on Worker Reward and Pension System
• Consultations on Sexual Harassment and Discriminations among workers

Customized Employment Consultations

Catering to the business practice, corporates may need to customize the employment agreements with professionals (technicians, or workers with irreplaceable expertise), making clear of the rights and obligations between the two parties. Some of the customized clauses thereof may not be valid under Taiwanese labor laws once held to be unfair by the court or Council of Labor Affairs. Hence, the validity of customized agreements becomes an inevitable issue for corporates. To prevent the risk of void agreements, DTT Team hereunder provides the services:

• Consultations on Non-Compete Clauses
• Consultations on Trade Secrets Protection Clauses
• Preparation for Hiring-out Contract

Consultations on Labor Affairs of Corporate Reconstruction

Corporate Reconstruction happens when there is merger and acquisition, downsizing, or other situation. Despite the various reasons for corporate reconstruction, similar situations such as to new hires, retention of employees, transference of employees or termination of employment ensue, which all interfere with complex legal issues. Questions like “how to process the mass redundancy?” or ” Is the termination of employment valid?” and other questions relevant to procedure and validity transpire in these cases. With the early participation of lawyers and experts of DTT Attorneys-at-Law in the reconstruction plan, the management board of corporates will have clear understandings in risks and costs arising out of labor affairs, and will be prepared for the corresponding strategy to handle labor issues.

Plans and Consultations on Stock options and employee motivation scheme

In steady progress, corporates may propose rewards for outstanding employees such as stock options or other instruments related to the equity of the corporates, which motivates employees’ devotion in enhancing the value of corporates, in order to build the mutual benefits model between corporates and their employees. As experts in Company Act, Securities Act and other laws relevant to employee motivation scheme, DTT Team can provide an assessment in potential solutions based on the corporate’s need in the preliminary phase (plan), provide consultations on enactment of employee motivation scheme, and can prepare for customized agreement between the corporate and employees eligible to the motivation scheme. In addition, DTT Team, as a member firm of Deloitte Touche Tohmatsu Limited, gaining competitive edge from its international network to access experts in accounting and tax from over 150 countries in the world, has abundant resources to handle any tax issues subsequent to the employee motivation scheme, such as the scheme’s financial impact on the corporate or the effects of tax. DTT Team guarantees to provide one stop services for corporates.