Taiwan

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Taiwan’s overall score is 74 out of100. The overall score for Taiwan is lower than the regionalaverage observed across East Asia (78). Within the East Asianregion, the highest score is observed for Mongolia (85).

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§4-9 of the Labour Union Act,1929; § 6 & 7 of the Civil Servant Association Act, 2002; ITUC Global Rights Index 2024, Taiwan Profile; USDOS CRHRP 2023 (Taiwan)

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§5 of the Labour Union Act,1929; § 6 & 8 of the Collective Agreement Act, 1930; USDOS CRHRP 2023 (Taiwan)

Does the law provide for the right to strike?

No

0

§8, 12-39 & 54 of the Act for Settlement of Labor-Management Disputes,1928; USDOS CRHRP 2023 (Taiwan)

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§35 of the Labour Union Act,1929; §8 & 62 of the Act for Settlement of Labor-Management Disputes,1928; USDOS CRHRP 2023 (Taiwan)

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §4-9 of the Labour Union Act,1929; § 6 & 7 of the Civil Servant Association Act, 2002; ITUC Global Rights Index 2024, Taiwan Profile; USDOS CRHRP 2023 (Taiwan)

A : National Law

National Labour Legislation

"The law provided for the right of workers to form and join independent unions, conduct strikes, and bargain collectively. By law there were three types of unions: enterprise unions, industrial unions, and professional unions. Enterprise unions had to have 30 members to form and there could only be one union per enterprise."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The Civil Servants' Association Act grants civil servants the right to form professional associations, which in no way can be equated to trade unions. According to the Teachers' Act, teachers can form associations, but not trade unions. Defence personnel, firefighters, doctors and medical personnel cannot form or join trade unions."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Labour Union Act; Article 6. Labor unions can be classified into the following three types; however, teachers can only organize and join the labor unions referred to in Subparagraphs 2 and 3: 1. Corporate union: a labor union organized by employees of the same factory or workplace, of the same business entity, of enterprises with controlling and subordinate relationship between each other in accordance with the Company Act, or of a financial holding company and its subsidiaries in accordance with the Financial Holding Company Act, 2. Industrial union: a labor union organized by workers in the industry, and. 3. Professional union: a labor union organized by workers with the same professional skills. Organizational district of a professional union in accordance with Subparagraph 3 of the preceding paragraph shall be limited in the municipal city or county (city) where it locates. Article 9 The number of corporate union of the same scope organized in accordance with Subparagraph 1 of Paragraph 1 to Article 6 of the Act shall be no more than one. The number of professional union of the identical type organized in the same municipal city or county (city) shall be no more than one."

Information

Source: §5 of the Labour Union Act,1929; § 6 & 8 of the Collective Agreement Act, 1930; USDOS CRHRP 2023 (Taiwan)

A : National Law

National Labour Legislation

"The law provided for the right of workers to form and join independent unions, conduct strikes, and bargain collectively. "

Information

Source: §8, 12-39 & 54 of the Act for Settlement of Labor-Management Disputes,1928; USDOS CRHRP 2023 (Taiwan)

A : National Law

National Labour Legislation

"The right to strike remained highly restricted. Teachers, civil servants, and defense industry employees did not have the right to strike. Workers in industries such as utilities, hospital services, and telecommunication service providers were allowed to strike only if they maintained basic services during the strike. Authorities could prohibit, limit, or break up a strike during a disaster. Workers were allowed to strike only in “adjustment” disputes such as compensation and working schedules, and only after mediation. The law forbade strikes related to rights guaranteed under the law, which in principle should be resolved through the judicial system. The law required mediation of labor disputes when authorities deemed them serious or involving unfair practices. Most labor disputes involved wage and severance issues and were often settled through mediation or arbitration. Mediation usually resolved most cases within 20 working days. Legally binding arbitration generally took between 45 and 79 working days. The law prohibited strikes or other acts of protest during conciliation or arbitration proceedings. Labor organizations stated this prohibition impeded workers’ right to strike."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Article 54 A labor union shall not call a strike and set up a picketing line unless the strike has been approved by no less than one half of the members in total via direct and secret balloting. The following workers cannot undertake a strike: 1. Teachers. 2. Workers who are employed by the Department of Defense and its affiliated agencies (institutes) or schools. For the following types of businesses which may have impacts on the safety of public lives, national security or essential public interests, a labor union may call a strike only when the labor union and its counterpart have reached a minimal service clause: 1. Water supply businesses. 2. Power and fuel supply businesses. 3. Hospitals. 4. Financial information service businesses engaging in the transfer or settlement of funds between banks, businesses dealing with securities or futures trading, settlement and custody, and other businesses handling payment systems. After the minimal service clause referred to in the preceding paragraph is reached, the business entity shall submit it to the competent authorities of related business for review and record. A labor union may call a strike for Type I telecommunication businesses which provide fixed or mobile telecommunication service, unless that the basic voice telecommunication service can be maintained without interruption. The scope of the agencies (institutes) and businesses referred to in Paragraphs 2 and 3 shall be prescribed by the Central Competent Authority jointly with the competent authorities of the business or competent authorities of related business. The scope of the basic voice telecommunication service referred to in the preceding paragraph shall be prescribed by the competent authorities of related business. When a great disaster happens or may happen, government at all levels for carrying out disaster prevention duties or undertaking actions to deal with an emergency in accordance with the Disaster Prevention Act may prohibit, restrain, or stop a strike during the period of handling the disaster. "

Information

Source: §35 of the Labour Union Act,1929; §8 & 62 of the Act for Settlement of Labor-Management Disputes,1928; USDOS CRHRP 2023 (Taiwan)

A : National Law

National Labour Legislation

"The law prohibited discrimination, dismissal, or other unfair treatment of workers for union-related activities and required reinstatement of workers fired for legal trade union activity."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Article 35 An employer or supervisory employees who represent the employer in exercising the managerial authority shall not have the following practices: 1. Refusing to hire, dismiss, demote, reduce the wage of, or render other unfair treatment to an employee who organizes or joins a labor union, participates in activities held by a labor union, or assumes the office of a labor union, 2. Requiring an employee or job applicant not to join a labor union or assume the office of a labor union as a condition of hiring preceding paragraph, 3. Refusing to hire, dismiss, demote, reduce the wage of, or render other unfair treatment to an employee who requests collective bargaining or participates in related activities concerning collective bargaining, 4. Dismiss, demote, reduce the wage of, or render other unfair treatment to an employee who participates in or supports industrial action, and 5. Improperly influence, impede or restrict the establishment, organization or activities of labor union. Any dismissal, demotion, reduction of wage made by the employer or supervisory employees who represent the employer in exercising the managerial authority as prescribed in the preceding paragraph shall be null and void. Act for Settlement of Labor-Management Disputes; Article 8 During the procedures of mediation, arbitration or decision on unfair labor practices, an employer may not suspend or shut down the business, terminate the labor contract, or undertake any other activities unfavorable to employees due to a labor-management dispute. Employees may not resort to strikes or undertake any other dispute activities due to a labor-management dispute. Art. 62 - A worker who is in violation of Article 8 shall be fined no less than N.T. $10,000 but not exceeding N.T. $30,000."