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 employees with disabilities. Here's how this works in practice.
People with Disabilities Rights Protection Act
The People with Disabilities Rights Protection Act (PWDRPA) requires any employer that 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 percent of the total employee population, with a minimum of at least one person."
Defining Disabilities
In order to comply with the PWDRPA, employer must hire employees "with disabilities." To avoid lengthy disputes about who satisfies the definition and what amounts to a disability, the obligation extends to employees who have been issued a disability identification card.
Noncompliance
When an employer is unable to comply with the quota for hiring employees with disabilities, it is 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 percent 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.
Herbert Smith Freehills LLP is a global law firm with offices in Asia. © 2019 Herbert Smith Freehills LLP. All rights reserved. Reposted with permission of Lexology.
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