Labor dispute mediation in Taiwan for foreign employees

A foreign employee who is owed wages or severance in Taiwan, or who wants to challenge a dismissal, can ask the local labor bureau to mediate before going to court. The Act for Settlement of Labor-Management Disputes covers this. Taiwan law also requires most labor cases to pass through court labor mediation before trial; a failed mediation at the labor bureau is one of the exceptions.

Rights disputes and who can use bureau mediation

The Act separates rights disputes, which concern entitlements that already exist under statute, a collective agreement or an employment contract, from adjustment disputes, which concern what future working conditions should be. Under Article 6, rights disputes may be handled by mediation, arbitration or adjudication under the Act. For adjustment disputes, Article 7 generally requires the labor side to be a union. An individual employee's claim for unpaid wages, overtime, notice pay, severance, or the invalidity of a dismissal or disciplinary action is therefore normally a rights dispute.

Nationality does not change this: Article 3 applies the Act to labor disputes between employers and workers without reference to nationality. Foreign professionals, graduates who stayed on to work, and migrant workers in manufacturing or caregiving can all apply if they have an employment contract with a Taiwanese employer. Household caregivers, who fall outside the Labor Standards Act, can still mediate disputes over rights under their contracts. Employment Gold Card holders hold a separate type of permit; for residence questions, see Taiwan Employment Gold Card.

Applying and what a settlement means

Article 9 directs the application to the authority where the employee provides the work, which in practice is usually the local labor bureau. Article 10 requires the form to name the parties, describe the dispute and state the preferred mediation method. Under Article 11, the authority either appoints a mediator or sets up a mediation committee, and it may entrust private organizations to appoint mediators.

Bring attendance records, payslips, the employment contract and any dismissal or resignation notice to the first session. Messages with the employer by LINE or email help show dates and what was said.

A successful mediation is treated as a contract between the parties, or as a collective agreement if a union is a party (Article 23). If mediation fails, Article 25(1) allows the parties to apply jointly for arbitration. Because the application must be joint, an employer that refuses leaves the court as the remaining route.

How bureau mediation affects a lawsuit

Skipping the labor bureau does not bar a lawsuit. Article 16 of the Labor Incident Act, however, requires labor cases to go through court labor mediation before trial, and treats a lawsuit filed directly as an application for that mediation. One exception, cross-referenced from Article 406(1)(ii) of the Code of Civil Procedure, applies where mediation by another statutory mediation body has failed. A failed bureau mediation therefore lets you proceed to trial without court mediation; without it, the court will start with labor mediation. Article 16 also exempts disputes arising under Article 12 of the Gender Equality in Employment Act, among others.

Employer-side issues such as strikes and collective bargaining are covered in Labor disputes for foreign employers.

Residence during the dispute

Many foreign employees hold a work permit linked to one employer, so losing the job can remove the basis for residence. Under Article 31(4) of the Immigration Act, the National Immigration Agency revokes residence when its ground disappears. Item 5 of the same paragraph lets the Agency allow continued residence where the foreigner has a labor dispute with a Taiwanese employer that is in contentious proceedings (爭訟程序); item 6 covers occupational injuries still under treatment. The wording is "may allow", so the outcome is discretionary. Whether bureau mediation counts as such a proceeding is not stated in the article, so ask the Agency in writing before relying on it.

If you are outside Taiwan, Hiring a Taiwan lawyer from abroad explains how a power of attorney works for mediation or litigation. When writing, please attach the employment contract, pay and attendance records, any dismissal or resignation documents, and a copy of your residence certificate. Contact Attorney Wei Tseng (曾雋崴), Hovering International Law Firm: wei@hoveringlaw.com.tw. Address: 7F-2, No. 35, Sec. 1, Chengde Rd., Datong Dist., Taipei City 103, Taiwan (103 臺北市大同區承德路一段35號7樓之2).

Official sources

• Act for Settlement of Labor-Management Disputes (N0020007), Articles 3, 6, 7, 9, 10, 11, 23 and 25.
• Labor Incident Act, Article 16.
• Code of Civil Procedure, Article 406.
• Immigration Act, Article 31.
• Labor Standards Act.

Verified: 2 October 2026