Taiwan | Stricter Regulations on Hazardous Work for Minors Implemented to Ensure Child Protection

In response to the developmental needs of individuals under the age of 18, the "Occupational Safety and Health Act" prohibits their engagement in hazardous and harmful work. Similarly, for individuals under the age of 15, the "Labor Standards Act" stipulates that they should not be employed unless they have graduated from junior high school or their work nature and environment have been deemed safe for their physical and mental health by the competent authority. However, these regulations also apply to cases where individuals provide services to others as third-party workers without an employer-employee relationship.

The Ministry of Labor has acknowledged the commendable efforts of many young people who work during summer vacation to earn income and gain social experience. However, in the past three years, labor inspections across the country have uncovered three cases where employers had underage workers engage in hazardous operations involving power press machines. One of these cases resulted in a work-related accident where the index finger of an underage worker was crushed by a mold. According to Article 29 of the "Occupational Safety and Health Act," tasks such as handling explosive (flammable) substances, cleaning, oiling, inspecting, and repairing hazardous parts of power transmission machinery, connecting to power lines exceeding 220V, boiler operation, and handling heavy objects of a certain weight are considered highly dangerous and harmful. Therefore, employers are explicitly prohibited from employing individuals under the age of 18 in such work. Violation of this provision may lead to imprisonment for up to one year, detention, or a fine of up to NT$180,000.

Furthermore, there were three cases where employers illegally hired individuals under the age of 15 without the approval of the competent authority. According to Article 45 of the "Labor Standards Act," apart from graduating from junior high school, individuals under the age of 15 should have their work nature and environment reviewed by the municipal or county (city) government to assess whether it affects their physical health or mental development. This provision also applies to cases where individuals provide services to others as third-party workers without an employer-employee relationship. Based on the "Criteria and Examination Procedures for Determining Unfavorable Effects on Physical and Mental Health According to Article 45 of the Labor Standards Act," tasks involving confined spaces, elevated work, water-based operations, work environments affected by light and noise, pesticide spraying, disinfection in poultry, livestock, and aquaculture, and work that violates public order and good morals are considered detrimental to physical and mental development. Therefore, individuals under the age of 15 should not be engaged in such tasks. Violators of this regulation may face imprisonment for up to six months, detention, or a fine of up to NT$300,000.

The Ministry of Labor urges employers hiring workers under the age of 18 to be particularly mindful of the special protection provisions for minors under labor laws to avoid penalties. Additionally, young students who encounter illegal situations while working are encouraged to contact the Ministry of Labor's toll-free 24-hour labor consultation and complaint hotline, 1955, to safeguard their rights and interests.