2019-07-15

Business entities who fail to hold regular labor-management conferences will be banned from hiring foreign workers and from applying to be listed on the Exchange and OTC

Taiwan's Ministry of Labor issued an administrative rule that requires Exchange-Listed, OTC-Listed, and companies in the Science or Industrial parks to hold labor-management conferences regularly every three months.

According to the regulation issued by the Ministry of Labor, business entities which apply to be listed on the Exchange or OTC or to hire foreign workers must submit records of holding labor-management conferences as below to obtain a “certificate of non-violation of the labor law”:

1. submit one record if applying before April 2019;
2. submit two records if applying before July 2019;
3. submit three records if applying before October 2019;

The Ministry of Labor expects entities to hold labor-management conferences regularly. However, as some entities have special relations with their employees, The Ministry of Labor stated that conferences may be held flexibly during the period of three months set by the entity, e.g., if the period is from February 1st to April 30th, the conference may be held on March 1st; and if the period is from May 1st to July 31st, the conference may be held on May 15th.

The Ministry of Labor also stated that business entities may hold conferences at different intervals if the frequency period is three months as set by the entities. However, if entities hold conferences at the end of the conference-holding period and at the beginning of next period without sufficient justification, such that the interval between the conferences is only a few days, those conferences shall be deemed to violate the regulation.
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