Taiwan February 1, 2026

Unpaid Wages / Unlawful Dismissal in Taiwan: What Should Vietnamese Workers Do?

Q: My wages are withheld in Taiwan — where do I claim?

First, call the 1955 hotline of Taiwan's Ministry of Labor — free, available 24 hours, and with Vietnamese-language service — for advice and guidance on filing a complaint. The next step is to file with the local labor authority (Bureau/Department of Labor) and apply for labor dispute mediation (勞資爭議調解); a mediation agreement, once confirmed by the court, is enforceable like a judgment. If the employer goes bankrupt or becomes insolvent, you can apply for an advance from the Wage Arrears Advance Fund (積欠工資墊償基金). If you still cannot recover the wages, file suit under the Labor Incident Act. Most importantly: keep the contract, pay slips, attendance records, and messages as full evidence.

Q: What if I am dismissed without a legitimate reason?

A dismissal without a lawful basis under Article 11 and Article 12 of the Labor Standards Act may be regarded as unlawful. If you sue and win, the court may order the employer to reinstate the employment relationship (take you back) and to compensate all lost wages from the date of the unlawful dismissal until the date of reinstatement, plus 5% interest, on condition that during that period you did not work for another employer. In many cases you are also entitled to severance pay (資遣費) and pay in lieu of notice. For migrant workers in particular, the employer's unlawful termination of the contract is also a ground to change to a new employer lawfully under Article 59 of the Employment Service Act — instead of having to return home or abscond.

Q: If my wages are withheld, should I abscond to work somewhere else?

Absolutely not. Absconding turns you into an undocumented worker: you lose all your rights and insurance, you cannot report it when money is stolen from you, and under the amended Immigration Act effective 1 March 2024, the penalty for overstaying has risen sharply (some sources cite around NT$10,000–50,000) along with a prolonged entry ban, in some cases up to 7 years; you may also lose your deposit in Vietnam. Meanwhile, the very fact of having your wages withheld is a lawful ground to change to a new employer under Article 59 of the Employment Service Act. So the correct answer is to keep your evidence, call 1955, and exercise your right to change to a new employer / transfer to a new employer lawfully — not to abscond.

Po-Chang Yu (Raymond Yu) Chief Lawyer / Founder and CEO of Louis Group Unpaid Wages / Unlawful Dismissal in Taiwan

Among the problems Vietnamese workers face in Taiwan, having wages withheld and being unlawfully dismissed are the two most common and most damaging situations. The good news is that Taiwanese law protects workers quite strongly — including foreign workers — and there are many free channels through which you can reclaim your rights. What matters is that you act in the right way and at the right time, rather than resigning yourself to it or absconding (which only makes you lose all your rights).

This article, from a lawyer's perspective, guides you step by step through what to do when you have wages withheld or are unlawfully dismissed in Taiwan.

1. When your wages are withheld: what are your rights?

Under Taiwan's Labor Standards Act (勞動基準法), wages must be paid in full and on time; the employer may not arbitrarily withhold, wrongly deduct, or delay payment. If your wages are withheld, that money is still your legal right and you are entitled to claim it.

The first and most important thing: keep all evidence. This includes the employment contract, pay slips, attendance/work-hour records, bank statements showing wages received, and even message exchanges (for example on LINE) with the employer or manager. This evidence will largely determine the outcome when you file a complaint or sue.

2. The steps to claim wages (from free to litigation)

You should proceed in order from the mildest to the strongest measure:

Step 1 – Call the 1955 hotline: This is the hotline of Taiwan's Ministry of Labor, free, available 24 hours, and with Vietnamese-language service. You can receive advice and be guided on filing a complaint about unpaid wages.
Step 2 – File a complaint with the local labor authority (Bureau/Department of Labor): This is a free administrative channel. The labor authority can require the employer to explain and can inspect compliance with the law.
Step 3 – Labor dispute mediation (勞資爭議調解): You can file for mediation with the labor authority. An agreement reached through mediation, once confirmed by the court, has the same effect as a final and conclusive judgment — meaning it is enforceable. This is a fast and low-cost route.
Step 4 – Wage Arrears Advance Fund (積欠工資墊償基金): If the employer goes bankrupt or becomes insolvent, the worker may receive an advance of part of the unpaid wages from this Fund as provided by law.
Step 5 – Filing suit in court: If the above steps fail to resolve the matter, you can sue under the Labor Incident Act (勞動事件法) — a law very favorable to workers (see section 4).

3. When your contract is unlawfully terminated (unlawful dismissal)

The employer may not dismiss you arbitrarily. Under the Labor Standards Act, termination of the contract must have a lawful basis (for example, the circumstances set out in Article 11 and Article 12 of the Act). If the employer terminates the contract without a legitimate reason under the law, that dismissal may be regarded as unlawful.

The legal consequences for the employer of an unlawful dismissal are considerable. If the worker sues and wins, the court may order the employer to reinstate the employment relationship (take the worker back) and to compensate the lost wages from the date of the unlawful dismissal until the date of reinstatement, plus 5% interest (on condition that during that period the worker did not work for another employer). In addition, in many cases there is also severance pay (資遣費) and an obligation to give advance notice.

For migrant workers, an employer's breach of contract or unlawful termination is also a ground for you to be able to change to a new employer / transfer to a new employer lawfully (under Article 59 of the Employment Service Act) — instead of having to return home or abscond.

4. The worker's "weapon": the Labor Incident Act (勞動事件法)

Since 2020, Taiwan has applied the Labor Incident Act, designed to protect workers, with many highly favorable features:

Labor mediation at the court: Conducted by a panel of one judge and two mediators experienced in labor matters before the trial, helping to resolve disputes quickly.
A reversal of the burden of proof in the worker's favor: Many amounts the employer pays to the worker are presumed to be "wages" unless the employer proves otherwise — this helps you when calculating wages, severance pay, or pension.
Emergency measures during litigation: The court may issue a provisional order requiring the employer to reinstate the employment relationship and pay wages during the course of the proceedings.
A "freezing" moment: Once one party has filed for mediation/arbitration/adjudication, the employer is prohibited from terminating the contract on the very matter in dispute.

5. Special features for migrant workers and the support channels

There are a few points Vietnamese workers should pay special attention to:

If your wages are withheld or you are treated in breach of contract, this is a ground to change to a new employer lawfully (Article 59 of the Employment Service Act). Do not turn yourself into an undocumented worker by absconding.
Domestic helpers/home caregivers in households are currently not within the scope of the Labor Standards Act, so their rights regarding minimum wage/working hours are determined mainly by contract — which is all the more reason for you to read the contract carefully and keep evidence.
The Legal Aid Foundation (法律扶助基金會): Those who qualify may receive free legal aid in litigation.
The 1955 hotline remains the first point of contact for any emergency situation.

6. The checklist of evidence you should prepare

Before filing a complaint or suing, prepare (originals and copies): the employment contract; monthly pay slips; attendance records and overtime logs; bank statements showing wages received; relevant message exchanges/recordings; and information about the employer and the brokerage company. The more complete your evidence, the higher your chances of reclaiming your rights.

Frequently Asked Questions (FAQ)

My wages are withheld in Taiwan — where do I claim?

First, call the 1955 hotline of Taiwan's Ministry of Labor — free, available 24 hours, and with Vietnamese-language service — for advice and guidance on filing a complaint. The next step is to file with the local labor authority (Bureau/Department of Labor) and apply for labor dispute mediation (勞資爭議調解); a mediation agreement, once confirmed by the court, is enforceable like a judgment. If the employer goes bankrupt or becomes insolvent, you can apply for an advance from the Wage Arrears Advance Fund (積欠工資墊償基金). If you still cannot recover the wages, file suit under the Labor Incident Act. Most importantly: keep the contract, pay slips, attendance records, and messages as full evidence.

What if I am dismissed without a legitimate reason?

A dismissal without a lawful basis under Article 11 and Article 12 of the Labor Standards Act may be regarded as unlawful. If you sue and win, the court may order the employer to reinstate the employment relationship (take you back) and to compensate all lost wages from the date of the unlawful dismissal until the date of reinstatement, plus 5% interest, on condition that during that period you did not work for another employer. In many cases you are also entitled to severance pay (資遣費) and pay in lieu of notice. For migrant workers in particular, the employer's unlawful termination of the contract is also a ground to change to a new employer lawfully under Article 59 of the Employment Service Act — instead of having to return home or abscond.

Does mediation have legal force?

Yes, and its force is very strong. When the two sides reach an agreement through labor dispute mediation (勞資爭議調解) and that agreement is confirmed by the court, it has the same effect as a final and conclusive judgment — meaning it can be enforced: if the employer does not pay under the agreement, you have the right to ask the enforcement authority to attach and freeze the employer's assets to recover it. This is why mediation is often a faster, cheaper, and more effective route than drawn-out litigation. Besides the administrative channel, Taiwan also has labor mediation at the court under the Labor Incident Act, conducted by one judge and two mediators before the trial.

Is labor litigation in Taiwan expensive and complicated?

Less complicated than you might think, because since 2020 Taiwan has applied the Labor Incident Act (勞動事件法), designed to be worker-friendly. This law provides mediation at the court conducted by one judge and two mediators to resolve disputes quickly; a reversal of the burden of proof in your favor (many amounts the employer pays are presumed to be "wages" unless the employer proves otherwise); and it allows the court to issue emergency measures requiring the employer to reinstate the employment relationship and pay wages during the course of the proceedings. Those who qualify may also apply for free legal aid from the Legal Aid Foundation (法律扶助基金會). Call 1955 for guidance to get started.

If my wages are withheld, should I abscond to work somewhere else?

Absolutely not. Absconding turns you into an undocumented worker: you lose all your rights and insurance, you cannot report it when money is stolen from you, and under the amended Immigration Act effective 1 March 2024, the penalty for overstaying has risen sharply (some sources cite around NT$10,000–50,000) along with a prolonged entry ban, in some cases up to 7 years; you may also lose your deposit in Vietnam. Meanwhile, the very fact of having your wages withheld is a lawful ground to change to a new employer under Article 59 of the Employment Service Act. So the correct answer is to keep your evidence, call 1955, and exercise your right to change to a new employer / transfer to a new employer lawfully — not to abscond.

Having your wages withheld or being unlawfully dismissed is something no one wants, but you are not alone and should not have to suffer the loss. Keep your evidence, call 1955, and do not abscond.

The Louis Group legal consulting group has a Vietnamese-speaking team and offices in both Taiwan and Vietnam (Hanoi, Ho Chi Minh City). For complex matters — contract disputes, unlawful dismissal, large amounts of unpaid wages, or the need for representation in mediation/litigation — we can advise you on protecting your rights in accordance with the law.

This article is general legal information, not a legal opinion for any specific case; the rules may change. In an emergency, please call the 1955 hotline and check the latest information from the competent Taiwanese authorities.