TAIWAN Law and Practice Contributed by: Chengkai Wang, Yachi Huang, Herman Lin and Tzutien Huang, Dentons Taiwan (Dacheng Taiwan)
trol measures within a reasonably practicable scope. Employers must also pay attention to the mental and physical health of home workers. Regarding data privacy, mobile work must adhere to the provisions of the Personal Data Protection Act concerning the collection, processing and use of per - sonal data by non-governmental agencies. 5.2 Sabbaticals Taiwanese law does not provide specific regulations regarding sabbatical leave. This type of leave is typi - cally not recognised formally within Taiwan’s regulato - ry framework, leaving it to the discretion of individual employers to offer sabbatical options as part of their employment policies based on internal company rules or mutual agreements with employees. 5.3 Other New Manifestations As the concept of “new work” evolves, one of the notable trends is desk sharing in co-working spac - es, which reflects a shift towards more flexible and collaborative, and less permanently assigned, work environments. This approach offers various benefits such as increased flexibility, reduced company over - heads and opportunities for networking. However, it also brings challenges related to data security and personal privacy. In co-working and desk-sharing settings, the lack of permanent personal workspaces complicates the safeguarding of sensitive information. Companies must implement robust data security policies that address: • physical document security – ensuring that sensi - tive paperwork is securely stored and not left unat - tended on shared desks; • digital data protection – utilising secure networks for data transmission, employing strong encryp - tion and ensuring that digital devices are protected against unauthorised access; • confidentiality in open environments – train - ing employees on the importance of maintaining confidentiality when discussing sensitive matters and using privacy screens and designated “quiet zones” for confidential discussions; and • adapting company policies for flexible workplaces.
Organisations adopting new work models like desk sharing should revise their operational policies to address these challenges. Policies should clearly define expectations for data protection and outline employee responsibilities in shared work environ - ments. Additionally, implementing regular training sessions on data privacy and security can help miti - gate risks associated with mobile and flexible work settings.
6. Collective Relations 6.1 Unions Foundational Role and Legal Framework
Unions in Taiwan are pivotal organisations formed under democratic principles aimed at upholding and improving the labour conditions and economic status of workers. The primary legislative framework govern - ing the formation and operation of unions is the Labor Union Act, which explicitly affirms every worker’s right to organise and join unions. These rights are essen - tial as they empower workers to collectively negotiate better working conditions and protect their employ - ment rights. Types of Unions According to Article 6 (1) of the Taiwan Labor Union Act, unions can be categorised into three types: “enterprise unions”, “occupational unions” and “industrial unions”. This classification helps tailor union activities to the specific needs of different sec - tors and workplaces. Fundamental Labour Rights The “three rights of labour”, namely the rights to union - ise, negotiate collectively and dispute collectively, are fundamental collective rights aimed at improving labour conditions and enhancing social and economic status. These rights are indivisible and closely inter - related, with the right to unionise being particularly crucial as it forms the foundation for collective action and voice. Collective Bargaining and Dispute Resolution Unions represent their members in collective bargain - ing with employers to enhance labour conditions and protect employment rights. Should negotiations fail,
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