Labour and employment in Taiwan

Baker McKenzie's employment team benefits from its seamless working relationship with the office's commercial and disputes practices. The team has advised on health and safety legislation and workers' compensation, and handles collective bargaining negotiations and union disputes, as well as immigration issues such as work permits and visa approvals. The practice has built up expertise in cross-Strait issues, and the firm's global network is especially beneficial in matters relating to expatriate workers, particularly from Southeast Asia. Seraphim Ma is highly recommended, especially for clients conducting business in the PRC. Ma co-heads the practice with Howard Shiu, who has specialist experience in collective bargaining agreements and mass severance.

Practice head(s):

Seraphim Ma; Howard Shiu

Eiger has strengths in matters relating to collective and individual labour relations, termination, and expatriate and cross-border employment arrangements and coordination. The team acts on behalf of multinational companies and major foreign law firms that do not have a presence in Taiwan, and also has a growing presence in labour and employment litigation. John Eastwood and Heather Hsiao jointly head the practice group.

Practice head(s):

John Eastwood; Heather Hsiao

Testimonials

‘Responsive, commercial and practical’

‘Good quality team at all levels’

Key clients

Bird & Bird

DLA Piper

Work highlights

  • Regularly work on Taiwan-related employment matters for Bird & Bird’s international clients.
  • Regular work on Taiwan-related employment matters for DLA Piper’s international clients.
  • Advised a US-based supply chain company on an upper-level executive’s employment agreement.
  • Advice on Taiwan leave matters and other legal compliance; employment litigation; and for-cause terminations for a US-based multinational storage and data management company.
  • Advising on Taiwan employment laws and personal data protection, and advising on employment issues from acquisition for a major avionics multinational.

Tsar & Tsai Law Firm's full-service employment team focuses on disputes relating to severance pay, pensions arrangements and welfare funds, workers’ compensation and employee benefits, occupational hazards, and labour insurance. The team also assists employers with negotiating and drafting employee contracts and company regulations. The team includes Edgar Chen, who has previous experience as a labour court judge in the Taipei District Court; disputes specialist Jennifer Lin; and Janice Lin and Jackie Lin, both of whom practice across the firm's corporate and commercial practices.

Key clients

Cadence Design Systems Inc. & Cadence Design System (Taiwan) B.V. Taiwan Branch

HTC

Fiskars Group

Cathay United Bank

Work highlights

  • Advised Cadence Design Systems Inc. and Cadence Design System (Taiwan) B.V. Taiwan Branch on the revision of its work rules.
  • Represented HTC in the transfer of its R&D engineers to Google.
  • Assisted with planning for Fiskars Group’s group restructuring and employee integration.
  • Represented Cathay United Bank in civil and administrative litigation in connection with labour issues.

Winkler Partners offer a full suite of contentious and non-contentious employment advice, particularly for global employers looking to operate in Taiwan. The team handles a wide range of employment issues, including hiring and firing, wrongful termination claims, restrictive covenants, liability coverage, and work permits for international executives and specialists. In addition, the group has developed particular specialism in mass redundancies. The team also advises employers on relocation and residency issues for expatriates and their families. The practice is headed by experienced litigator Christine Chen.

Practice head(s):

Christine Chen

Work highlights

  • Assisted a leading American retailer in the downsizing of its Taiwan sourcing department, which impacted 23 employees.
  • Provided ongoing advice on a wide range of employment issues for a Silicon Valley-based semiconductor manufacturer.
  • Coordinated the work permit and visa applications for over 20 specialists from Israel, India and elsewhere to work or provide consulting services at the client’s plants in Taiwan.
  • Reviewed employment contracts for a medical technology provider to ensure compliance with Taiwanese labour law.

Formosan Brothers Attorneys at Law has a varied employment practice covering mass redundancies, confidentiality and non-compete agreements, work permit applications for foreign nationals, occupational hazards, and a wide variety of employment-related litigation. Jessie Lee is highly experienced in mass redundancy cases and in advocacy for corporate clients in government investigations. Chiu-Hua Chen focuses on representing construction companies in employment disputes, and has an additional specialism in health and safety issues in the workplace.

Other key lawyers:

Jessie Lee; Chiu-Hua Chen

Work highlights

  • Handled a mass redundancy case for a sloar panel manufacturer in the process of restructuring.
  • Represented a multimedia marketing platform in a government investigation into possible infringements of labour law.
  • Assisted an India-based technology with compliance with Taiwan labour law.
  • Assisted a manufacturing company with implementing internal systems for training.
  • Assisted a US-based advertising and multinational company with a mass redundancy.

Guo Ju Law Firm has a full-service employment practice with a particular specialism in labour disputes and litigious work, particularly unfair dismissal cases and high-level terminations, in which the team benefits from its expertise in mediation. Highlights for practice head Paul Chu include advising on an ongoing case for the Chinese Nationalist Party union, relating to the mass redundancy of 731 employees and the subsequent settlement enforcement procedure. Jill Hsu is also noted.

Practice head(s):

Paul Chu

Other key lawyers:

Jill Hsu

Key clients

Stella McCartney

HTC Corporation

Union of the employees of Chinese Nationalist Party (KMT) Taiwan

Work highlights

  • Drafted employment agreements and reviewed work handbook for Stella McCartney.
  • Represented HTC Corporation in four labour lawsuits regarding the unlawful dismissal of about 10 foreign workers and claims for payment.
  • Executed reconciliation agreements on behalf of Carrefour Taiwan with one of its affiliated companies’ employees.
  • Undertook an enforcement procedure on the employer’s assets on behalf of the union of the Chinese Nationalist Party.
  • Represented Jiafu Co. Ltd., a golf club, in a declaratory judgment confirming the employment relationship with 14 caddies.

Lin & Partners Attorneys-At-Law has a full-service contentious and non-contentious employment practice, which primarily acts for multinationals with offices in Taiwan. In particular, the team has experience of redundancies, dismissals and labour disputes. In a recent highlight the team acted for SAP, a software producer, in a claim brought against it by a former employee relating to employee share schemes. The practice is headed by David Lee.

Practice head(s):

David Lee

Key clients

SAP

TaskUs, Inc.