Taiwan’s Labor Incident Act rewrote the rules of employment disputes. We advise both employers and employees: for companies, we build contracts, work rules and HR procedures and assess the lawful way to handle each case as it arises; for employees, we clarify rights over pay, working hours, resignation, severance and the workplace. Where a matter goes to labor mediation or a labor action, we can act as representative within the scope of engagement.
Usually not on a general assertion of poor performance alone. The employer should confirm, on specific facts, whether a statutory ground for termination is met, and review the appraisal standards, whether coaching or a chance to improve was given, the evidence, notice and payment procedures. Cases differ widely, so an assessment before acting is advisable.
Common materials include the employment contract, pay slips, clock-in or access-control records, rosters, work messages, emails and the actual content of the work. Both employers and employees should keep complete original records, to establish working hours, rest periods and whether overtime was instructed or tacitly accepted.
The two may fall under different statutory grounds, notice requirements, severance pay and procedures. The label is not decisive; what matters is the actual reason and how it was handled. A company that relies on the wrong ground risks the termination being held invalid and having to pay back wages.
First make sure you are safe, report through the company's channels, and keep records of times, places, words, messages, witnesses and any medical treatment. On receiving a report, the employer should take appropriate protective, investigative and confidentiality measures under its system. Whether the conduct is unlawful still depends on the specific facts.
The law does not usually require one. But where the dispute involves the validity of a termination, wage calculations, complex evidence or a large claim, a lawyer can help organize the legal position and the negotiating proposal. Whether to engage one can be judged by the amount, the complexity and how well prepared the party is.
If you are facing one of the issues above, it helps to gather the relevant notices, contracts, correspondence, a timeline of events and the outcome you hope for before contacting us to arrange a consultation. Once we understand the basic facts and have completed a conflict-of-interest check, we will explain how we can help, the scope of engagement and our fees. The outcome of any matter depends on its specific facts, the evidence, the applicable law and the decision of the competent authority or court.
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