Will Foreign Teachers Be Protected by Employment Laws in Taiwan?
Whether working as foreign teachers in Taiwan can get some legal protection under the Taiwanese Labor Standards Act ("LSA") or the Taiwanese Teacher Act is always confusing expats. To start off, the answer does not depend on nationality, but rather on the nature of the employment and the type of institution in which the expats serve as foreign teachers. In general, foreign teachers employed by cram schools are treated the same as other foreign workers, and are fully protected under the LSA. However, foreigners teaching in public and private schools are generally outside the scope of the LSA.
Industries and Personnel Not Subject to the Labor Standards Act, and Exceptions
1. Teachers in Public or Private Schools
Foreign workers are, in principle, subject to the LSA in the same manner as domestic workers whenever they are employed by ordinary business entities. However, "teachers" constitute one of the major categories expressly excluded from LSA coverage. Teachers in public schools — regardless of nationality — fall within the teacher personnel system and are governed by the Taiwanese Teacher Act and relevant education laws rather than the LSA. Private schools are subject to similar rules: teachers who are part of the official staffing quota, or those who are outside the staffing quota but engage solely in teaching duties, are likewise treated as personnel governed by the Taiwanese Teacher Act, and therefore fall outside the scope of the LSA.
2. Foreign Teachers in Public and Private Schools
The Taiwanese Teacher Act does not exclude foreign nationals from regulations. Accordingly, as long as a foreign teacher meets the requirements under Article 3 of the Teacher Act — namely, that a teacher (i) is employed by a public school or an accredited private school, (ii) is part of the official staffing establishment, (iii) receives monthly remuneration, and (iv) possesses the legally required teaching credentials—such a teacher is governed by the Taiwanese Teacher Act rather than the LSA, just like domestic teachers. The courts, however, even pointed out that the employment contract between the foreign teacher and the private school will apply, excluding the applicability of the Taiwan Labor Standards Act. See 111 New Taipei District Court Lau Sue (勞訴) 69 (2022) (rejecting the foreign teacher's argument that the Taiwan Labor Standards Act shall apply because the the special rules and regulations made under Taiwan Employment Service Act for foreigners prevails). Conversely, teachers who do not meet these criteria — such as cram school teachers, are governed by the LSA rather than the Taiwanese Teacher Act.
3. Exception: Private School Teachers Who Perform Non-Teaching Duties
An important exception exists for private school teachers who are outside the staffing quota but whose work extends beyond instructional duties. If such teachers also perform administrative tasks — such as admissions, administrative support, or other duties not encompassed within the statutory teaching obligations — they are treated as ordinary employees rather than personnel governed by the Taiwanese Teacher Act. In such circumstances, the LSA applies, and the courts have affirmed this interpretation in recent cases.
Teachers Subject to the Labor Standards Act: Cram School Teachers
Although cram schools engage in educational activities, they are not legally classified as "schools". They are therefore not subject to the Taiwanese Teacher Act, nor are they listed among the industries exempted from LSA coverage by the Ministry of Labor. Accordingly, cram school teachers — whether foreign or domestic —are treated as regular employees and are fully governed by the LSA. In this scenario, an employer cannot fire an employee without good cause under the LSA.
Conclusion
Foreign teachers in public and private schools who are part of the official staffing establishment or who engage solely in teaching duties are generally excluded from the protection under the LSA and instead being governed under the Taiwanese Teacher Act. However, foreign teachers in private schools who are outside the staffing quota but undertake administrative or other non-teaching duties will be subject to the LSA, and may enjoy some hightened protection as employees. Cram school teachers, regardless of nationality, are considered ordinary employees, and are fully covered by the Labor Standards Act. When foreign teachers meet legal issues with regard to their employment contracts, consulting a lawyer to know the rights and obligations is very important.
