Review Topics

Feature

Do Expatriates Need to Join the National Health Insurance Program?

09 June, 2009

The promulgation of the National Health Insurance Act in 1994 changed Taiwan from a country where most of the population did not have insured health care to one where most of the population enjoys a health care system that ranks among the best in the world. The program provides both dental and medical coverage, and its premium ratio is 6:3:1, paid by employers, employees, and the government, respectively.

Some expatriates assigned to work in Taiwan question whether they need to pay into Taiwan's national health insurance system. For example, the expatriate and his or her family already have private health insurance through their employer, or their assignment is on a short-term basis. They might have a preferred practitioner in one of Taiwan's neighboring countries and only plan on using Taiwan's health system in the case of an emergency.

According to the National Health Insurance Act, all foreign nationals with work authorization, an employment-based alien residence certificate, and employment contract with a Taiwanese company are required to join Taiwan's health insurance system from the day they start work. The penalties for employees for not participating in the system range from NTD 3,000-15,000 (approx. USD94-470). Employers who fail to insure employees and their dependents may be subject to a penalty of double any premiums due, as well as potentially have to refund any of the employer’s share of the premiums the employee had to pay by his or herself.
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Update

Taiwan Enacts ISP 'Safe Harbor' Amendments to Copyright Act

Taiwan has enacted long-debated copyright legislation establishing safe harbor provisions that Internet Service Providers (ISPs) may avail themselves of for copyright infringement by users. The “Internet Service Provider Liability Limitation” amendments to the Copyright Act, promulgated in May 2009, have been based largely upon the ISP liability limitation regime set out in the 1998 U.S. Digital Millennium Copyright Act (DMCA) Title II.

According to the International Intellectual Property Alliance, losses to the copyright industry from online piracy in Taiwan exceed US$230 million annually.1 Copyright industry groups have lobbied the government vigorously in recent years seeking greater ISP accountability for online infringement and effective, non-judicial means to combat infringement of copyrighted works online. The amendments reflect an attempt to reconcile the assumed losses by copyright holders from online infringement with the need to limit liability exposure for ISPs while protecting the rights of digital users.
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Update

FCMs Permitted to List on Taiwan Stock Exchange

08 May, 2009

The Financial Supervisory Commission has released new regulations that will permit Taiwanese Futures Commission Merchants (FCMs) to list on the Taiwan Stock Exchange. The regulations released yesterday require that an FCM have been listed on Taiwan's OTC market for...
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Feature

Watson Wyatt's 2009 Employment Terms and Conditions Published

2009 Employment Terms and Conditions – Asia Pacific, published by Watson Wyatt, is a comprehensive overview of employment- and labor-related laws and regulations for legal or human resources professionals. The Taiwan chapter includes information on the island's new pension system and anti-discrimination laws, plus an updated sample employment contract. Winkler Partners is pleased to present a sample of the Taiwan chapter. The entire report can be purchased from Watson Wyatt Worldwide.

For legal guidance on employment law in Taiwan, please contact Christine Chen.

For help obtaining work permits and resident status for foreigners and PRC nationals, please contact Lloyd Roberts.
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