Taiwan – Workers

By Daniel Morris | 9. November 2021

III. The state duty to protect

B. Actions taken

  • Promoting human rights through government procurement operations (page 8)

‘[…] the Public Construction Commission’s Procurement Evaluation Committee scoring tables for bidders include CSR indicators, such as “whether all employees have received pay increases,” “the quality of basic compensation received by procurement officers,” and “the quality of work/life balance measures.”’

This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP5, Actions taken (page 44).

C. Actions planned

  • Continue committing to implement important United Nations human rights covenants, incorporating them into domestic law, and preparing national reports for review (pages 8-9)

‘[…] the Taiwan government has also adopted a national report system based on the UN model, and has pledged to do likewise with another three core human rights conventions, namely, the “International Convention on the Protection of Rights of All Migrant Workers and Members of Their Families,” […]’

This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP10, Actions planned (pages 52-53).

  • Continue pushing for passage of laws to protect working conditions and labor rights (page 9)

‘To safeguard the right of laborers to share in the fruits of their labor, and to expand the social safety net, the Taiwan government has pledged to draft and enact a “minimum wage act” and an “occupational accident insurance and protection act.”

This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP2, Actions planned (page 39).

‘[…] in order to improve the working conditions of foreign fishing crews, the Taiwan government will provide more living and leisure facilities.’

 

IV. The corporate responsibility to respect human rights

B. Actions taken

  • State encouragement of respect by business for international human rights standards (page 11)

‘The Taiwan government encourages businesses to engage in responsible business behavior, and has adopted internationally recognized corporate social responsibility standards, such as the UNGPs, the UN Global Compact, ILO Conventions and the OECD Guidelines for Multinational Enterprises.’

This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP3, Actions taken (page 41).

‘The Taiwan government also provides resources and support, including the following: […] it expressly provides in the “Company Act” that companies must encourage enterprises to share profits with employees […].’

  • Respect for employee interests and the views of stakeholders (page 12)

‘[…] the Taiwan government actively provides guidance to laborers, focusing on such matters as formation of unions, creation of an environment that is conducive to a smoothly operating union, support for women’s employment, and assistance with the elimination of employment barriers.’

 

Appendix 1: Concrete actions taken by Taiwan to fulfill the state obligation to protect

  • Government procurement (page 25)

‘Article 98 of the “Government Procurement Act” stipulates that for a winning tenderer which employs more than 100 persons locally, aborigines or persons with physical or mental disabilities shall account for a minimum of two percent of the total number of employees during the term of contract performance; otherwise, the foregoing tenderer shall pay a fee in lieu of performance and shall not hire foreign workers to make up the shortage in question.’

  • Promotion of international consensus and cooperation (page 28)

In line with [promoting the incorporation of environmental, social responsibility, and human rights standards into free trade agreements, as well as designing impact assessment and monitoring mechanisms], Taiwan has included CSR, environmental, and worker rights clauses, as well as “general exceptions,” in many of its trade and investment agreements […].’

This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP9, Actions taken (page 49).

  • Other legislative action and measures (page 29)

‘In order to better protect the rights and interests of temp workers, Articles 2, 9, 22-1, 17-1, 63, 63-1 and 78 of the “Labor Standards Act” were amended or newly added in May and June of 2019. These articles came into force on May 17, 2019 and June 21, 2019. The amendments expressly define temp workers work on non-fixed term contracts. The amendments also (a) prohibit client firms from reclassifying regular employees as temp workers; (b) provide that client firms and temp agencies shall be jointly and severally liable for the compensation that an employer is required to pay, and that if the temp agency is fined by the competent authority for failure to pay wages due to a temp worker, the temp worker may demand payment from the temp agency; and (c) strengthen protections for the labor rights of temp workers.

The “Occupational Safety and Health Act” is enacted to protect workers’ safety and health and to prevent occupational accidents. Article 21, paragraph 3 of the “Factory Management Act” stipulates that: “The factory shall exercise due care in manufacturing, processing and using dangerous objects. When significant environmental pollution or workplace accident seriously affects nearby factories or public safety, the municipal, county, or city authorities may order the factory to suspend operations and take corrective action. After the cause for suspension of operations has been addressed, the factory may apply to the municipal, county, or city authorities to resume operations.”’

 

Appendix 2: Concrete actions taken by Taiwan to ensure respect by businesses for human rights

  • Governments can provide information and support to enterprises. The Taiwan government has implemented several regulations and measures to provide enterprises with guidance and support, including the following:’ (page 31)

‘Article 235-1, paragraph 1 of the “Company Act” provides as follows: “A fixed amount or ratio of profit of the current year distributable as employees’ compensation shall be definitely specified in the Articles of Incorporation.” The purpose of this provision is to encourage companies to share profits with employees.’

 

Appendix 3: Concrete actions taken by Taiwan to provide effective remedy systems

  • Labor disputes (page 36)

‘Regarding labor disputes, in order to provide alternative dispute settlement mechanisms, the “Act for Settlement of Labor-Management Disputes” provides for mediation and arbitration. In addition, the “Labor Incident Act,” which took effect on a January 2020, provides for special labor issue courts that can address labor incidents quickly, professionally, and effectively. All parties enjoy equal status before the court, which that will serve to fairly protects the rights and interests of both employees and employers, and also promotes harmonious labor relations.’