Taiwan Labour Standards Act
The Taiwan Labour Standards Act (LSA) outlines the rules for the probation period, providing employers with a trial period to assess new employees. This period helps employers determine if the new hire fits the job and meets performance expectations.
Duration of Probation Period
The duration of the probation period typically ranges from one to three months, depending on the employer’s discretion and the nature of the job. During this time, both parties can assess whether the employment relationship is a good fit.
Taiwan Contracts
Employment contracts in Taiwan often outline the terms of the probationary period, including its duration, performance evaluation standards, and associated rights and obligations. This clarity ensures both parties have a mutual understanding of expectations during the probation period.
| Length of Employment | Minimum Notice Period |
| 3 months to 1 year | Minimum of 10 days |
| 1 to 3 years | Minimum of 20 days |
| Over 3 years | Minimum of 30 days |
Protections During the Probationary Phase
Employers can terminate employment during the probationary phase, but employees are legally entitled to certain protections. The Taiwan Labour Standards Act prohibits discriminatory reasons for termination, such as gender, colour, religion, or handicap. Employers must follow procedural fairness and offer severance pay or reasonable notice if terminating an employee during the probation period.
Performance Evaluation
During the probation period, regular performance evaluations are essential. Employers should provide clear feedback on the employee’s performance, highlighting areas of improvement and acknowledging strengths. This helps the employee understand what is expected and make necessary adjustments.
Extension of Probation Period
In some cases, employers may extend the probationary period beyond the initial timeframe specified in the employment agreement. This extension must be mutually agreed upon by both parties and documented in writing. Employers should clearly explain the reasons for the extension and outline the new expectations.
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Understanding Taiwan’s probation period policy helps employers and employees adjust to new positions by determining suitability. Employers can balance flexibility and fairness by including probationary periods in contracts, setting clear expectations, and adhering to relevant regulatory requirements. Effective communication, regular feedback, and procedural fairness maximise the benefits of the probation period and promote favourable employment outcomes. By fostering a transparent and supportive environment, both parties can ensure a successful and productive employment relationship.
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Please note that all the information listed below are to be used as a general guideline. For more detailed accounts of Taiwan employment laws and regulations, please visit the official governmental websites.
Updated on: 8th August 2024
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