The Protection of Employee according to Taiwan Labour Standards Act

Abstract

Established on July 30, 1984, the Taiwan Labour Standards Act (LSA)is the most important law that protects labourers in Taiwan. It was only after the LSA had been passed that the systematic researches on labour law actually began. As the LSA is a relativly new law, a number of its conceptionsare still vague; therefore, their application has caused certain difficulties. In this context, the Judiciary plays a decisive role. But, the common practice is that the judge frequently cites the scholars’ opinions to support his decision. This article explains how the judiciary cooperates with the scholars to give better answers, especially to protect the employee, through defining “employee”, “employee”, in relation to wages, working hours and dismissals. Overall, we agree with the famous German scholar Gallmmilscheg on his saying “Richterrecht bleibt unserer schicksal” (“Judiciary remains our destiny”) and the scholars will always make their contributions to this matter. 

Keywords

LSA, employee, employer, wage, working hours, dismissal.

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