{"id":12930,"date":"2026-10-24T09:49:16","date_gmt":"2026-10-24T01:49:16","guid":{"rendered":"https:\/\/fdlaw.com.tw\/?page_id=12930"},"modified":"2026-10-24T09:49:18","modified_gmt":"2026-10-24T01:49:18","slug":"employment-law-employer","status":"publish","type":"page","link":"https:\/\/fdlaw.com.tw\/en\/employment-law-employer\/","title":{"rendered":"Corporate labor disputes and labor laws for employers"},"content":{"rendered":"<style>.fd-employer{--navy:#183652;--gold:#b38b43;color:#263b4d;font-size:17px;line-height:1.8;max-width:1120px;margin:0 auto}.fd-employer *{box-sizing:border-box}.fd-employer h1,.fd-employer h2,.fd-employer h3{color:var(--navy);line-height:1.4}.fd-employer h1{font-size:clamp(30px,4vw,46px);margin:12px 0 20px}.fd-employer h2{font-size:clamp(25px,3vw,32px);margin:0 0 22px}.fd-employer h3{font-size:20px;margin:0 0 10px}.fd-employer p{margin:0 0 16px}.fd-employer a{text-decoration:underline;text-underline-offset:3px}.fd-employer section{padding:48px 28px;border-bottom:1px solid #e0e6eb}.fd-employer .fd-hero{background:#17334d;color:#fff;padding:48px 34px;border-top:4px solid var(--gold)}.fd-employer .fd-hero h1{color:#fff}.fd-employer .fd-kicker{color:#e5d1a9;font-size:14px;letter-spacing:.06em}.fd-employer .fd-lead{font-size:20px;line-height:1.65}.fd-employer .fd-actions{display:flex;flex-wrap:wrap;gap:12px;margin-top:25px}.fd-employer .fd-button{display:inline-block;padding:12px 20px;background:var(--navy);color:white;text-decoration:none;border:1px solid var(--navy);border-radius:3px}.fd-employer .fd-hero .fd-button{background:#b38b43;border-color:#b38b43;color:#fff}.fd-employer .fd-grid{display:grid;grid-template-columns:repeat(2,minmax(0,1fr));gap:24px 32px}.fd-employer .fd-problem{border-top:2px solid #b38b43;padding-top:16px}.fd-employer .fd-note{border-left:3px solid var(--gold);padding:14px 18px;background:#f2f5f7}.fd-employer table{width:100%;border-collapse:collapse;table-layout:fixed;font-size:16px}.fd-employer th,.fd-employer td{text-align:left;vertical-align:top;border:1px solid #dbe3e9;padding:12px}.fd-employer th:first-child{width:22%}.fd-employer .fd-faq article{padding:20px 0;border-bottom:1px solid #e0e6eb}.fd-employer .fd-faq p:last-child,.fd-employer .fd-problem p:last-child{margin-bottom:0}.fd-employer .fd-final{background:#f2f5f7}.fd-employer .fd-date{font-size:14px;color:#627487}@media(max-width:640px){.fd-employer{font-size:16px}.fd-employer section,.fd-employer .fd-hero{padding:30px 18px}.fd-employer .fd-grid{grid-template-columns:1fr;gap:22px}.fd-employer .fd-lead{font-size:18px}.fd-employer th,.fd-employer td{padding:9px;font-size:15px}.fd-employer th:first-child{width:27%}.fd-employer .fd-actions{gap:10px}.fd-employer .fd-button{padding:11px 15px}}body.page-id-12930 #header [data-device][data-transparent]{position:relative;background:#fff}body.page-id-12930 #header .ct-menu-link{color:#183652}body.page-id-12930 #header .ct-menu-link:hover{color:#946d2e}body.page-id-12930 #header .default-logo{display:none}body.page-id-12930 #header .sticky-logo{display:inline}body.page-id-12930 #header [data-id=\"trigger\"]{color:#183652;--theme-icon-color:#183652}<\/style>\n<div class=\"fd-employer\"><header class=\"fd-hero\"><p class=\"fd-kicker\">Employer-Side Employment Law &amp; Labor Dispute Counsel<\/p><h1>Corporate labor disputes and labor laws for employers<\/h1><p class=\"fd-lead\">From employee management, leave and performance disputes to severance, major disciplinary violations and labor litigation, we assist companies in handling personnel issues in accordance with the law and reducing operational and legal risks.<\/p><p>When facing labor disputes, companies often have to consider work rules, labor contracts, employee rights, management decisions, and subsequent litigation risks at the same time.<\/p><p>For example, if an employee&#039;s long-term leave affects the company&#039;s operations, their poor work performance is not improved, they commit serious misconduct, or they take important company documents with them before leaving the company, they cannot be dismissed or required to pay compensation simply based on the company&#039;s internal management regulations.<\/p><p>Fidelity Law Firm assists companies in assessing available legal measures based on current labor laws, contracts, management records, and related evidence, and in planning subsequent notification, negotiation, mediation, or litigation procedures.<\/p><div class=\"fd-actions\"><a class=\"fd-button\" href=\"https:\/\/fdlaw.com.tw\/en\/contact\/\">Consulting firm labor dispute lawyer<\/a><\/div><\/header><section><h2>What employee issues should a company consult a lawyer about first?<\/h2><div class=\"fd-grid\"><article class=\"fd-problem\"><h3>Long-term leave or use up all leave days<\/h3><p>First, confirm the nature of the leave request, its legal protection, and the necessary documentation; absences cannot be directly treated as unauthorized absences. The company should keep records of applications, attendance, documentation, and responses; a lawyer can assist in clarifying the legal boundaries of leave-granting obligations, unpaid leave, and staffing arrangements.<\/p><\/article><article class=\"fd-problem\"><h3>Poor performance and inability to perform job duties<\/h3><p>Poor performance does not automatically qualify for dismissal. A thorough review of job descriptions, objective objectives, performance evaluations, and improvement coaching records should be conducted to assess whether the employee is truly incapable of performing their duties and whether reasonable alternatives exist before deciding on notification and termination procedures.<\/p><\/article><article class=\"fd-problem\"><h3>Serious violations of discipline and work rules<\/h3><p>Refusing reasonable work instructions or violating internal regulations still requires assessment of the severity of the violation and the legal grounds for termination. Original notices, policy announcements, employee statements, and evidence of the incident should be retained to assist the company in choosing appropriate action and controlling the duration of such action.<\/p><\/article><article class=\"fd-problem\"><h3>Layoffs, organizational restructuring and dismissals<\/h3><p>Organizational restructuring is not an independent right to arbitrarily dismiss employees. The actual business situation, the necessity of the adjustment, and the applicable grounds should be confirmed. Organizational and vacancy records should be preserved, and plans should be made for employee placement, notice, severance pay, and legally required notification procedures.<\/p><\/article><article class=\"fd-problem\"><h3>Departure handover and company information<\/h3><p>The requirements for failure to hand over, breach of confidentiality, and infringement of trade secrets are different. Contracts, authority, and access records should be preserved first. A lawyer should assess the notification, adjustment of authority, evidence preservation, and civil and criminal remedies to avoid making charges before sufficient evidence is available.<\/p><\/article><article class=\"fd-problem\"><h3>Labor Bureau notification, mediation or litigation<\/h3><p>First, confirm the service date, the deadline for attendance or response, and the requested items and amounts. Keep a centralized record of contracts, salaries, attendance records, performance reviews, and notifications to ensure consistency between formal responses, negotiated solutions, and subsequent litigation claims.<\/p><\/article><\/div><\/section><section><h2>If an employee keeps taking leave, can the company refuse?<\/h2><p>The company should first confirm the type of leave, its legal basis, the number of days used, the application, and the necessary supporting documentation, and then review the work rules and existing systems. Leave that is legally permissible should not be arbitrarily refused by the company simply because it affects operations; applications for emergency injuries, illnesses, or accidents should also be processed according to regulations.<\/p><table><thead><tr><th scope=\"col\">fake<\/th><th scope=\"col\">Boundaries that should be noted in enterprise management<\/th><\/tr><\/thead><tbody><tr><th scope=\"row\">Personal leave<\/th><td>The total number of days of personal leave per year should not exceed 14 days, and no salary will be paid during this period. It is still necessary to verify whether the employee actually applied for other statutory leave, and personal leave allowances cannot replace all leave protections.<\/td><\/tr><tr><th scope=\"row\">Ordinary sick leave<\/th><td>Non-hospitalized ordinary sick leave shall not exceed 30 days in total per year; separate limits and calculation rules apply to hospitalized cases. Wages, full attendance bonuses, and adverse benefit insurance within the statutory scope must be handled separately.<\/td><\/tr><tr><th scope=\"row\">Special leave<\/th><td>The principle is determined by the workers; employers may negotiate with workers to adjust leave in case of urgent business needs, and cannot prohibit leave indiscriminately on the grounds of insufficient manpower.<\/td><\/tr><tr><th scope=\"row\">Family care leave<\/th><td>When a family member needs to be personally cared for during vaccinations, serious illnesses, or other major accidents, they may take 7 days per year, which are included in the number of public holidays and are not an additional 7 days; their legal protections should still be observed.<\/td><\/tr><tr><th scope=\"row\">Work-related injury and sick leave<\/th><td>Those who require treatment or recuperation due to occupational injuries should be handled in accordance with the relevant regulations on work-related injury and sick leave and occupational injuries, and cannot directly apply the 30-day allowance for ordinary injury and sick leave; in addition, attention should be paid to the termination restrictions during the medical treatment period.<\/td><\/tr><tr><th scope=\"row\">Other protected leave categories<\/th><td>Marriage leave, bereavement leave, official leave, as well as leave for physiological needs, prenatal checkups, maternity leave, paternity leave, and paternity leave, should be determined according to their respective regulations. The amendments implemented on October 1, 2026, have adjusted marriage leave to 14 days with full pay, and the old 8-day rule cannot be used.<\/td><\/tr><\/tbody><\/table><p>According to the regulations implemented on January 1, 2026<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawAll.aspx?pcode=N0030006\" target=\"_blank\" rel=\"noopener\">Labor Leave Rules<\/a>If ordinary sick leave does not exceed 10 days within a year, the employer may not use this as an adverse disciplinary measure. In case of a dispute, the employer bears the burden of proof that the adverse disciplinary measure is unrelated to the sick leave. If it exceeds 10 days, work ability, attitude, and actual performance should be considered comprehensively, and the number of sick days cannot be used as the sole criterion for evaluation. The deduction of full attendance bonus for ordinary sick leave should be calculated proportionally based on the number of sick days, unless otherwise agreed upon in a more favorable manner.<\/p><p>Family care leave and other gender-equal work protections, in addition to<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawAll.aspx?pcode=N0030014\" target=\"_blank\" rel=\"noopener\">Gender Equality in Work Act<\/a>Processing. After all leave types have been used up, it is still necessary to confirm whether the applicant qualifies for other leave types, unpaid leave, or special protection regulations before assessing subsequent management measures.<\/p><\/section><section><h2>Can a company legally dismiss an employee for poor performance?<\/h2><p><a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=N0030001&amp;flno=11\" target=\"_blank\" rel=\"noopener\">Article 11, Paragraph 5 of the Labor Standards Act<\/a>An employee&#039;s inability to perform their job duties can be a ground for potential termination of the employment contract. Dissatisfaction with the supervisor, poor performance in a single evaluation, or failure to meet individual performance targets cannot be directly inferred as legitimate dismissal.<\/p><p>Companies should first check whether responsibilities are clearly defined, whether objectives are reasonable and communicated, and whether performance evaluations are supported by concrete facts. Then, they should compile records of improvement notices, interviews, coaching, and training. Whether job adjustments, reasonable assistance, or other measures are possible will also influence the determination of the &quot;last resort&quot; principle in dismissal.<\/p><p>If an assessment confirms a legally valid reason for termination, the wages paid during the notice or notice period, severance pay, legally required severance notices, and related documents must still be processed. Severance pay must be calculated based on applicable seniority and the old\/new labor standards, respectively, in accordance with the Labor Standards Act and relevant regulations.<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawAll.aspx?pcode=N0030020\" target=\"_blank\" rel=\"noopener\">Labor Retirement Pensions Ordinance<\/a>It cannot be settled solely based on the company&#039;s internal formula.<\/p><p class=\"fd-note\">Complete, continuous, and verifiable personnel records are usually more important than writing a performance review form after a dispute arises.<\/p><\/section><section><h2>Can a company dismiss an employee for serious misconduct?<\/h2><p><a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=N0030001&amp;flno=12\" target=\"_blank\" rel=\"noopener\">Article 12 of the Labor Standards Act<\/a>The regulations specify specific grounds for termination without prior notice, including serious violations of the employment contract or work rules, unexcused absence for three days or up to six days within a month, intentional damage to employer&#039;s property, or intentional disclosure of technical or trade secrets causing harm to the employer. The requirements for different grounds cannot be substituted for each other.<\/p><p>Not every violation, refusal to give instructions, or sending of materials automatically constitutes immediate dismissal. The company must verify the reasonableness and legality of the instructions, the course of events, the employee&#039;s explanation, the degree and impact of the violation, and whether the original evidence is sufficient to support the applicable grounds; absences that are lawfully requested or have a legitimate reason cannot be directly counted as absenteeism.<\/p><p>The 30-day period for exercising the right to terminate an agreement under Article 12, paragraph 2, applies to subparagraphs 1, 2, 4 to 6 of Article 1, and is calculated from the date of knowledge of the situation; it cannot be generally claimed that all matters under Article 12 are subject to the same period. The company should simultaneously confirm the time of knowledge, the declaration of termination, and proof of service to avoid losing its basis due to procedural or periodic issues.<\/p><\/section><section><h2>What should a company do if an employee leaves without handing over their work and takes customer data with them?<\/h2><p>First, distinguish between handover obligations, breach of contract, confidentiality agreements, non-competition agreements, and infringement of trade secrets, and then decide on notification and remedies. Failure to hand over duties upon leaving an employee does not automatically constitute a crime, and possession of company information does not necessarily mean that the information meets the legal requirements for trade secrets.<\/p><p>Companies should retain records of employee departures and handovers, employment contracts, confidentiality agreements, work rules, access control settings, as well as email, cloud and system logs, download and mail records. When preserving these records, companies must ensure they were legally obtained, original files, and include relevant time information to avoid leaving only screenshots with unverifiable sources or records being lost due to careless actions.<\/p><p>If an agreement restricts a person&#039;s employment after leaving the company, it should be checked first.<a href=\"https:\/\/fdlaw.com.tw\/en\/blog\/non-competition\/\">Valid Requirements and Reasonable Scope of Non-Competition Agreements<\/a>If you suspect that data has been taken out of the country, you can first compare it with the relevant information.<a href=\"https:\/\/fdlaw.com.tw\/en\/blog\/trade-secret-2\/\">Protective measures for company employees taking away confidential information<\/a>Significant disputes involving technology, customer information, and electronic evidence must be addressed in conjunction with...<a href=\"https:\/\/fdlaw.com.tw\/en\/trade-secret-information-security\/\">Legal services for trade secrets and information security<\/a>The assessment will determine whether the civil claims, preservation measures, and elements of criminal liability are met.<\/p><\/section><section><h2>What should a company do if it receives a mediation notice from the labor bureau or is sued by an employee?<\/h2><p>First, verify the notifying authority, procedure type, and delivery and response deadlines. Then, break down requests for wages, overtime pay, severance pay, termination validity, or workplace management, and confirm the amounts and basis for each. Do not accept all requests simply because &quot;the employee has filed a lawsuit,&quot; nor should you ignore notifications or make unnecessary admissions before clarifying the facts.<\/p><p>The company should centrally organize contracts, attendance records, performance appraisals, payroll records, management notices, and communication records to confirm the legal basis of the original management decisions. The scope for mediation, the evidentiary requirements of labor dispute proceedings, and the time and operating costs of ongoing litigation should all be assessed together.<\/p><p>Fidelity can assist with dispute risk assessment, legal letters and formal responses, labor dispute mediation, civil litigation and labor proceedings, and cooperate in reviewing internal systems. General system background can be found in existing documents.<a href=\"https:\/\/fdlaw.com.tw\/en\/blog\/labour-dispute\/\">Legal Explanation of Labor Disputes<\/a>The specific handling will still depend on the company&#039;s information and the circumstances of each case, and there is no guarantee in advance that severance pay, penalties, or a successful lawsuit will be waived.<\/p><\/section><section><h2>How does Fidelity Law Firm assist companies in handling labor disputes?<\/h2><p>Presiding attorney<a href=\"https:\/\/fdlaw.com.tw\/en\/team\/charles-lee\/\">Lawyer Li Yusheng<\/a>With approximately 20 years of experience in legal practice and handling business cases, he previously served as an assistant manager at Deloitte Touche Tohmatsu Certified Public Accountants and is familiar with corporate operations, contracts, finance, and management issues.<\/p><p>Corporate personnel decisions often involve corporate governance, confidentiality systems, trade secrets, and corporate criminal risks. Fidelity addresses specific management needs by assisting in clarifying legal boundaries, preserving evidence, and arranging procedures to ensure consistency between a company&#039;s actual practices, written notices, and external claims.<\/p><p>Appointment can be made for a single labor dispute, or through [other means].<a href=\"https:\/\/fdlaw.com.tw\/en\/consulting\/\">Company&#039;s Permanent Legal Counsel<\/a>By incorporating contracts, work rules, and routine HR consultations into ongoing management, the cost of remediation after disputes arise can be reduced.<\/p><\/section><section><h2>How can a company appoint a lawyer in a labor dispute?<\/h2><div class=\"fd-grid\"><article><h3>Single legal consultation and risk assessment<\/h3><p>Regarding existing disputes, management measures, or termination plans, analyze the legal basis, evidentiary gaps, and feasible next steps based on the documents provided by the company.<\/p><\/article><article><h3>Contract, work rules and system review<\/h3><p>Review the employment contract, confidentiality and non-compete clauses, leave and performance evaluation system, and confirm that the written documents are compatible with the actual management process.<\/p><\/article><article><h3>Mediation, Dismissal Disputes and Litigation Representation<\/h3><p>The case is handled according to its stage, including formal notifications, negotiations, mediation, and court proceedings, and the facts, evidence, and legal claims are integrated.<\/p><\/article><article><h3>Company&#039;s Permanent Legal Counsel<\/h3><p>We continuously handle employee management, contractual, and business legal matters in accordance with the size and daily needs of the enterprise; the scope of services and fees are determined based on actual needs.<\/p><\/article><\/div><\/section><section><h2>Frequently Asked Questions about Employers&#039; Labor Laws (FAQ)<\/h2><div class=\"fd-faq\"><article><h3>If an employee has already taken 14 days of personal leave, is the company obligated to continue granting leave?<\/h3><p>Excessive personal leave should not be approved indiscriminately, but it should first be confirmed whether it qualifies as sick leave, special leave, family care leave, or other protected leave. Family care leave is included in the personal leave count and does not increase the allowance; if the maximum number of days has been reached, other legal protections and negotiated arrangements must still be confirmed based on the specific facts, and all subsequent applications cannot be directly regarded as absenteeism.<\/p><\/article><article><h3>If an employee&#039;s annual performance review score is only 60 points, can they be laid off directly?<\/h3><p>The decision cannot be based solely on grades. It is necessary to examine whether the employee is truly incompetent, whether the standards are objective and have been communicated, their actual performance and improvement guidance records, and to assess reasonable alternatives and the principle of termination as a last resort. Even if the grounds meet those outlined in Article 11, the obligations of advance notice and severance pay must still be fulfilled in accordance with the law.<\/p><\/article><article><h3>If an employee is absent from work for three consecutive days, can the company fire them directly?<\/h3><p>Article 12, Paragraph 1, Item 6 requires legal requirements such as continuing to be absent from work without a valid reason for 3 days. The company must verify attendance, leave requests, emergency situations, and employee explanations, and cannot rely solely on missing clock-ins; it should also ascertain the legally mandated period for termination after becoming aware of the situation, and retain the termination notice and proof of delivery.<\/p><\/article><article><h3>Can a company refuse to pay severance pay if an employee violates work rules?<\/h3><p>Not every violation can be exempt from severance pay. Termination under Article 11 and lawful termination without notice under Article 12 have different legal effects; when applying the grounds for violation of work rules, the violation must still be serious and meet other requirements. Even if termination is lawful under Article 12, wages already paid and other entitlements must still be settled.<\/p><\/article><article><h3>Can a company require departing employees not to work for competing companies?<\/h3><p>The agreement must comply with Article 9-1 of the Labor Standards Act: the employer must have a legitimate business interest that is protected, the employee&#039;s job must allow access to or use of trade secrets, the period, area, and scope of the restriction must be reasonable, and reasonable compensation must be provided. If any of the legal requirements are not met, the agreement is invalid; the maximum term is two years, and wages earned during the original employment period are not considered part of the non-compete compensation. A single document cannot completely prohibit job transfers.<\/p><\/article><article><h3>If a company receives a mediation notice from the labor bureau, is it obligated to accept the employee&#039;s demands?<\/h3><p>A mediation notice does not mean that the employee&#039;s request has been deemed justified, nor does it mean that the company must accept it entirely. The company should still act in accordance with the notice, confirm the disputed items, amounts, evidence, and legal basis, and prepare a response and negotiation plan; whether mediation is established and the specific conditions should be determined based on procedures and the actual intentions.<\/p><\/article><\/div><\/section><section class=\"fd-final\"><h2>Is the company facing issues such as employee management, layoffs, or labor disputes?<\/h2><p>If a company is facing issues such as long-term employee leave, poor work performance, serious misconduct, labor mediation, or litigation, it can first compile the employment contract, work rules, personnel records, relevant notices, and the current points of contention, and have Fidelity Law Firm assess the legal handling methods and subsequent procedures.<\/p><div class=\"fd-actions\"><a class=\"fd-button\" href=\"https:\/\/fdlaw.com.tw\/en\/contact\/\">Contact Fidelity Law Firm<\/a><a class=\"fd-button\" href=\"https:\/\/line.me\/ti\/p\/@723pifhz\" target=\"_blank\" rel=\"noopener\">LINE Inquiry<\/a><a class=\"fd-button\" href=\"tel:0277093611\">02-7709-3611<\/a><\/div><p class=\"fd-date\">Regulatory verification date: October 24, 2026. Case-by-case decisions should still be made in accordance with applicable laws, contracts, and specific evidence.<\/p><\/section><\/div>","protected":false},"excerpt":{"rendered":"<p>Employer-Side Employment Law &amp; Labor Dispute Counse [&hellip;]<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"qubely_global_settings":"","qubely_interactions":"","footnotes":""},"class_list":["post-12930","page","type-page","status-publish","hentry"],"blocksy_meta":{"has_hero_section":"disabled","styles_descriptor":{"styles":{"desktop":"","tablet":"","mobile":""},"google_fonts":[],"version":6}},"_links":{"self":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/pages\/12930","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/comments?post=12930"}],"version-history":[{"count":2,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/pages\/12930\/revisions"}],"predecessor-version":[{"id":12932,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/pages\/12930\/revisions\/12932"}],"wp:attachment":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/media?parent=12930"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}