What are fixed term empoyment agreements in Taiwan?
In accordance to the Labor Standard Law in Taiwan,
Article 9
Labor contracts may be divided into two categories: fixed term contracts and non-fixed term contracts. A contract in nature for temporary①, short-term②, seasonal③ or specific④ work may be made as a fixed term contract, but a contract for continuous work, should be a non-fixed term contract. The labor contract between a dispatching entity and a dispatched worker shall be a non-fixed term contract.
and furthermore
by the Enforcement Rules of the Labor Standards Act
Article 6
The temporary, short-term, seasonal and specific work referred to the Paragraph 1 of Article 9 of the Act shall have the following denotations.
① . Temporary work shall mean work of an unexpected and non-continuous nature, and is not to exceed six months.
② . Short-term work shall mean work of a non-continuous nature that is expected to be completed within a short period of time and is not to exceed six months.
③ . Seasonal work shall mean work of non-continuous nature which is influenced by seasonal raw materials, source of materials or sale in market and is not to exceed nine months.
④ . Specific work shall mean work of non-continuous nature which can be completed within a specific period. But if the length of work is to exceed one year, it should be reported to the competent authority for approval and record.
In practice, temporary, seasonal or specific jobs can be judged by the content of the work. For example, temporary jobs are jobs that occur suddenly and occasionally and are not expected by the employer, and no labor is required to cope with emergencies; seasonal jobs are jobs that are related to the content of the work and to the sale of specific seasonal raw materials and markets, and no labor is required to complete the task; and specific jobs are jobs in which the laborer only completes a fixed task, provides a certain amount of services, and no labor is required to complete the task. For specific jobs, the laborers only provide a certain amount of work and no labor is required once the work is completed. However, for short-term jobs, the work is not continuous and can be expected to be completed within six months.
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