Introduction
Taiwan's Labor Standards Act (LSA) provides strong employee protections for termination. Employers can only dismiss employees for legally specified reasons, including business contraction, force majeure, business transfer, or operational suspension. Severance pay is mandatory for all employees terminated without fault. The new pension system (post-2005) uses a different severance formula from the old system, and many employees have accumulated entitlements under both.
Severance Pay
Under the new Labor Pension Act (applicable to employment after July 1, 2005): severance = 1/2 month's average wage per year of service, up to a maximum of 6 months' average wage. Under the old LSA system (employment before July 2005): severance = 1 month's average wage per year of service with no cap. Many long-tenured employees have entitlements under both systems calculated separately and added together.
Average wages include all regular compensation received in the 6 months preceding termination, divided by the number of days in that period.
Advance Notice and Other Payments
The LSA requires advance notice of termination: 3 months to 1 year of service = 10 days, 1-3 years = 20 days, 3+ years = 30 days. Employees are entitled to 2 hours per week of paid job-search leave during the notice period. Employers must also pay prorated year-end bonuses (if contractually required), accrued but unused annual leave, and any outstanding wages.
Common Additional Benefits
Taiwanese employers commonly offer outplacement services (TWD 30,000-80,000), extended health insurance (TWD 3,000-6,000/month for 3-6 months), career transition training (TWD 20,000-50,000), and reference letter guarantees. Mental health counseling and gardening leave are also increasingly common.
Summary of Termination Costs
For a Taiwanese employee with 8 years post-2005 service earning TWD 60,000/month: severance = TWD 60,000 x 0.5 x 8 = TWD 240,000. Adding 30 days' notice pay (TWD 60,000), prorated bonus, accrued leave, and supplementary benefits, total costs can reach TWD 350,000-400,000.
The Msure Layoff Calculator models these costs accurately, including dual-system calculations for employees with service under both the old and new pension systems.
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