In a bid to increase the diversity of workforces, and increase access to employment for those with disabilities, Taiwan has a quota for the number of disabled employees. We take a look at how this works in practice.
People With Disabilities Rights Protection Act
The People With Disabilities Rights Protection Act ("PWDRPA") requires any employer than employs more than 67 employees to proactively seek to employ those with disabilities. The PWDRPA requires that employees with disabilities make up "no less than 1% of the total employee population, with a minimum of at least 1 person
Defining Disabilities
In order to comply with the PWDRPA, employer must hire employees "with disabilities". To avoid lengthy dispute about who satisfies the definition and what amounts to a disability, the obligation extends to employees who have been issued with a disability identification card.
Non Compliance
Where an employer is unable to comply with the quota for hiring employees with disabilities, they are required to periodically pay a subsidy to the Disabled Employment Fund.
The subsidy is calculated based on the number of employees that the employer should have employed to meet the quota, multiplied by the monthly statutory basic wage.
Key Takeaways
Employers should routinely audit whether they are reaching the 1% quota and, if not, consider how their recruitment practices might be updated to attract employees with disabilities. At the same time, employers should ensure that they are making the relevant subsidy payments.
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.