Since the pandemic, the HR Committee has been gratified by the attention that the National Development Council (NDC) and other government departments have been giving to our members’ opinions on how to make Taiwan a more welcoming environment for foreign talent. This trend has been evident in the relaxation of regulations governing the employment of foreign white-collar personnel, as well as the broadening of social benefits available to such talent, streamlining of the relevant application procedures, and efforts to address concerns related to the gig economy. These measures will enable Taiwan to benefit more fully from the contribution that foreign professionals can make to the domestic economy.

Amid ongoing global uncertainty, attracting cross-border talent, increasing foreign investment, and adopting more flexible employment policies remain key concerns for the Committee. We therefore present the following five suggestions and look forward to follow-up discussions with the appropriate authorities.

Suggestion 1: Revise regulations to facilitate cross-border data flows by HR consulting firms.

Multinational enterprises increasingly operate under regionalized HR models in which recruitment, workforce planning, and talent deployment decisions are coordinated through regional hubs such as a Greater China office. HR consulting firms play a critical role in supporting these operations by conducting external talent searches, collecting and screening resumes, and transmitting candidate information to client companies.

However, Taiwan’s current regulations governing cross-border personal data transfers, including restrictions related to cross-Strait HR activities, have prohibited HR consulting firms from engaging in recruitment-related data processing and transmission activities. As a result, these firms have been unable to legally perform essential recruitment-related services, even when such functions are standard in multinational HR operations.

The lack of clear compliance pathways for cross-border HR consulting activities diminishes Taiwan’s attractiveness as a regional hub for HR or other professional services. Multinational companies have increasingly been reassigning recruitment support functions to jurisdictions with clearer and more predictable regulatory frameworks, weakening Taiwan’s role in the regional HR ecosystem.

Additionally, existing restrictions apply primarily to external HR consulting firms, while internal corporate HR teams have been able to continue transmitting cross-border HR data for operational purposes. The result of this regulatory inconsistency is that professional consulting firms with stronger compliance systems are restricted, while less-regulated internal processes continue unhindered. Imposing these restrictions only on external HR consulting firms reduces transparency without having any practical impact regarding potential national security concerns.

Recommendations:

1. Establish clear administrative guidelines for cross-border HR consulting services, defining the conditions, purposes, and safeguards under which HR consulting firms may conduct cross-border resume processing and data transmission necessary for external recruitment.
2. Develop operational and risk-based supervisory mechanisms for the cross-border data transmission by HR consulting firms. The government should introduce concrete, workable regulations outlining the scope and requirements for cross-border data processing, aligned with national security considerations. A risk-based supervisory framework would provide an effective regulatory structure while meeting the practical needs of multinational employers.

Suggestion 2: Adopt policies to promote employment of skilled persons with disabilities, including special-education graduates.

The Ministry of Labor’s (MOL’s) 2024 “Survey on the Working Conditions of Persons with Disabilities” found that employment rates remain low for individuals with disabilities, despite the presence of vocational training and skills development pathways in Taiwan. Although special-education graduates receive structured skills training, they are not included in the mandatory employment quota system. As a result, a work-ready talent pool is not fully recognized or utilized, reducing both employer flexibility and the effectiveness of policies intended to promote inclusive employment. The impact has included:

• Limited access to skilled talent and reduced hiring flexibility. Excluding special-education graduates with valid or recently expired (within five years) special-education assessment certificates from the Mandatory Employment Quota System restricts employers’ ability to match with trained candidates in administrative, technical, and digital-related roles. This constrains compliance options and weakens the effectiveness of quota-based policies.
• Weak linkage between education outcomes and industry needs. Special-education programs provide substantial vocational training, yet the exclusion of these graduates from the mandatory employment quota system limits their integration into the workforce. This weakens the translation of publicly funded skills development into actual employment outcomes. As a result, industries are unable to fully benefit from a trained and work-ready talent pipeline.
• Missed opportunities to advance ESG, DEI, and inclusive workforce development. Recognizing skilled persons with disabilities within the quota system would encourage more such persons to join the workforce, strengthen corporate ESG and DEI initiatives and enhance multinational companies’ global sustainability positioning.

The Committee therefore recommends that holders of valid or recently expired (within five years) special-education assessment certifications be included in the mandatory employment quota system. Doing so would expand the recognized talent pool and enable more effective matching between employers and trained candidates. It would also strengthen the translation of vocational training into employment outcomes. A phased implementation, supported by assistance measures such as a trial period in which hires would count within the quota system, would facilitate effective integration and alignment with labor market demand.

Suggestion 3: Adopt an integrated approach to economy policy planning for sustainable industry growth.

Gig-economy business models are becoming increasingly prevalent globally, benefiting stakeholders by creating income-earning and market entry opportunities, spurring business innovation, expanding consumer choice, and strengthening community access to essential goods and services. Ensuring the sustainability of this trend will require regulatory frameworks that support both industry sustainability and worker welfare. Achieving that balance takes implementation experience and ongoing stakeholder dialogue.

Regulations that protect workers while undermining commercial feasibility ultimately diminish employment opportunities and economic dynamism. For Taiwan, establishing a balanced regulatory framework will be essential for attracting and retaining investment. This is particularly pertinent for Taiwan, which aims to be a leading global hub for digital innovation.

The Delivery Worker Rights Protection and Delivery Platform Management Act (hereinafter the Act) passed by the Legislative Yuan early this year serves as a pivotal example. The government’s intent to address platform workers’ concerns is admirable, but fundamental gaps in the design of the legislation have created implementation challenges that threaten industry viability by creating operational obstacles, added costs, compliance complexities, and constraints on innovation.

Regulations that inadvertently undermine industry health will reduce the very employment opportunities they aim to protect. The risk is to drive platform operators to cut back on operations and future investments, an outcome that serves no one’s interests.

The Committee appreciates the government’s commitment to worker protection but urges further actions to prevent unintended consequences and ensure long-term industry sustainability. We specifically urge the following:

3.1.  Establish a comprehensive implementation review process. A mechanism for regular and systemic review of legislative outcomes, particularly regarding the Act, should leverage existing data to enable objective assessment of policy impact. This process should ensure that industry perspectives are meaningfully incorporated, including considerations of investment and business risk.

3.2.  Apply integrated policy principles to future gig-economy regulations. The gig economy encompasses diverse segments beyond food delivery, including caregiving, household services, task-based service providers. and other platform-mediated work, each with distinct operational characteristics. As Taiwan develops frameworks for different platform-economy sectors, building in the necessary components from the outset, such as review mechanisms, multi-dimensional impact assessments, and structured industry-government dialogue channels, can avoid repeating the Act’s shortcomings and avoid the need for reactive adjustments that damage business and investor confidence.

Suggestion 4: Set clear and aligned definitions and guidelines governing various types of workplace misconduct to build work environments based on mutual respect and partnership.

Taiwan has a variety of laws and regulations related to preventing mistreatment and misconduct in the workplace, such as violence, sexual discrimination, harassment, etc. In its recent updating of the Occupational Safety and Health Act (OSHA), the MOL added to the collection by including a new chapter on preventing workplace bullying.

While the Committee highly appreciates the MOL’s proactive efforts to increase social awareness of mental health issues, the definitions of mental mistreatments (Article 22 in amended OSHA) remain vague, lacking specifics to relevant to workplace conditions.

In addition, the preventive actions and procedural justice measures outlined in latest OSHA amendments have not been aligned with the provisions in other Acts and Guidelines. For example, the minimum requirements of external investigators are unaligned (Subparagraph 2, Article 22) with the Gender Equality in Employment Act; the high-risk scenarios listed in the Guidelines for Preventing Unlawful Infringement while Performing Duties, extended from OSHA, are unclear as to how to distinguish mistreatment from rational and compliant managerial and supervisory responsibility. These discrepancies hinder efficient and effective administration, including the ability of the MOL to provide timely action or response.

Further, given the MOL expectation of increased employer responsibility for maintaining proper workplace conduct, we look forward to more government-led resources and programs to train supervisory personnel on how to ensure more balanced and objective practices for dealing with workplace mistreatment and misconduct. These programs should be offered not only to HR/EHS/Legal personnel within enterprises, but also to such external experts as labor dispute arbitrators, inspectors, mediators, and employee assistance program providers.

Although the government’s commitment to ensuring a more equal and respectful working environment is greatly appreciated, it would help both employers and employees if related regulations could be more aligned, with clear definitions and guidelines covering misconduct behavior of all kinds. That alignment would enable employers to meet their responsibilities more effectively in terms of personnel management and supervision. It would also help set a baseline to drive increasingly positive and healthy employee-employer relations.

Recommendations:

1. Modify the definitions of workplace mistreatment, together with aligned execution guidelines and workplace-focused scenario descriptors to distinguish mistreatment and misconduct from rational managerial and supervision responsibility.
2. Align the expectations and guidance set under different but related laws, regulations, and guidelines.
3. Provide professional training resources to develop specialists in the prevention, investigation, and judgment of misconduct cases, as well as to better support efforts to eliminate workplace mistreatment and misconduct.

Suggestion 5: Enhance flexibility and consistency in documentation requirements for foreign professionals and their families.

To strengthen Taiwan’s ability to attract and retain foreign talent, the Committee urges the government to continue improving documentation procedures for foreign professionals and their families. Although recent measures to introduce digitalization and streamline processes have been welcome, notable challenges remain, particularly in the authentication process for dependents’ documents.

In practice, the multistep process, from attestation at the local or state level through national certification to legalization at a Taipei Economic and Cultural Office (TECO), often prolongs family relocation by 2 to 5 months. The actual timelines vary significantly from one jurisdiction to another, and inconsistent documentation requirements among TECO offices further complicate planning.

Such delays can affect onboarding schedules, school enrollment, and housing arrangements, creating uncertainty for foreign professionals and affecting Taiwan’s overall competitiveness in the global talent market. As other countries in the region modernize their authentication systems, it will be increasingly important for Taiwan to continue refining its procedures to remain in step with emerging best practices.

The Committee recommends that the government adopt a more flexible and family-friendly approach by accepting local government-attested civil documents when central records are unavailable, provided these can be authenticated through credible channels. We further recommend establishing consistent, transparent documentation standards and service-level expectations across all TECO offices, including clear guidance on acceptable document types and processing timelines. These measures could conservatively shorten relocation timelines by 6-10 weeks and substantially reduce uncertainty for foreign professionals.

Vietnam’s accession to the Apostille Convention on September 11, 2026, exemplifies a regional trend toward simplified, singlestep authentication that is expected to reduce costs and improve efficiency. Although Taiwan is not a signatory to the Apostille Convention, comparable improvements could be achieved through Apostille-equivalent recognition for family civil documents and consistent TECO practices.

Implementing these changes would reduce administrative burdens, enhance predictability, and further strengthen Taiwan’s position as an attractive and competitive global talent hub. The Committee encourages continued interagency collaboration to advance practical solutions that support foreign professionals and their families.