What to do if your boss owes you wages or overtime pay? Applying for labor-management dispute mediation in Taiwan

Working in Taiwan, if you encounter situations like not being paid on time, not receiving overtime pay, being suddenly dismissed, having disputes over severance pay, or not receiving money owed after leaving your job, many people's first reaction is: Do I have to argue with my boss alone? Actually, no. Taiwan has a "labor-management dispute mediation" system that allows employees and employers to discuss disputes with the assistance of local governments or entrusted mediation institutions. It's not a court hearing, nor a police investigation, but a faster and lower-cost way to resolve issues. For foreign students, foreign workers, new residents, or migrant workers, knowing about this system is important. This is because many workplace problems won't be solved by just enduring them, nor is it always reasonable for an employer to say, "This is company policy." What situations can be mediated? Common situations eligible for mediation include: delayed wages, unpaid overtime, disputes over working hours records, unpaid special leave or failure to compensate for it upon resignation, dismissal without severance pay, issues with notice pay, sudden termination of employment by the employer, disputes over proof of employment or proof of non-voluntary resignation, or other issues related to labor contracts or working conditions. Many people fear that applying for mediation means they will have a falling out with the company. In reality, the purpose of mediation is not to go to court from the start, but to clarify issues with the help of a third party. The mediator or mediation committee will listen to both sides, review documents, and help propose possible solutions. Labor-management dispute mediation is not a panacea, and it doesn't always result in employees recovering the full amount they claim. However, it at least provides a formal platform for negotiation, preventing issues from being solely decided by the employer or endured by the employee. Prepare evidence before applying Before applying for mediation, the most important step is to gather evidence. Instead of just saying "the company treated me badly," try to prepare concrete materials such as labor contracts, employment notices, payslips, bank transfer records, work schedules, clock-in/out records, LINE or email conversations, leave records, overtime records, termination or dismissal notices, work group messages, and a timeline you've compiled. The timeline is crucial. You can simply detail: the start date of employment, the agreed-upon salary, the number of working days per week, when wage arrears began, when you reported the issue to the company, the company's response, and the outstanding amount. During mediation, the clearer you can explain the facts, the easier it will be for the other party and the mediator to understand the problem. The application location is usually the Department of Labor or Labor Affairs Bureau of the county or city government where you work. It's based on where you provide your labor, not where you live. For example, if you live in New Taipei City but work in Taipei, you would typically apply to the Taipei City Department of Labor Affairs. Application methods vary by city or county. You might be able to apply online, by mail, in person, or by downloading an application form. The application form usually requires your basic information, employer's details, the nature of the dispute, what you hope to achieve through mediation, and your preferred mediation method. When filling out the "Mediation Request" section, don't just write "Please handle the matter." Be more specific, such as: "Request the employer to pay the outstanding wages from Month/Year to Month/Year totaling NT$ [amount]," "Request payment of overtime wages," "Request payment of severance pay and notice pay," or "Request issuance of a certificate of non-voluntary resignation." If the amount is uncertain, you can provide an estimate and supplement it during mediation. What happens on the day of mediation? On the day of mediation, both parties will be notified to attend. You can attend in person or have a representative assist you. If your Chinese proficiency is limited, it's advisable to inquire beforehand if you can bring a friend, classmate, social worker, union representative, or interpreter. Migrant workers can also call the 1955 hotline for assistance. At the mediation session, there's no need to be overly emotional at the start. Your goal is to explain the situation clearly and present your evidence. You can start by describing your job duties, agreed salary, actual working hours, the circumstances of the dispute, and what you expect the employer to do. The other party may offer a different account, and the mediator will help clarify the discrepancies. If both parties agree to a mediation plan, a record of the mediation settlement will be made. Once mediation is settled, the terms are usually binding, similar to a contract between the parties. Therefore, do not agree to terms you don't understand or accept simply due to pressure at the meeting. Before signing, carefully review the amount, payment date, payment method, whether it covers all disputes, and if you are waiving any other claims. If you don't understand the content in Chinese, ask for an explanation or have someone you trust assist you in confirming. Do not sign documents you don't understand, especially those containing phrases like "both parties waive all other claims" or "shall not claim any further rights from the other party," ensure you truly agree. If mediation is unsuccessful, it doesn't mean you've lost. It simply means that consensus was not reached during the mediation phase. You can still file complaints, request a labor inspection from the Department of Labor, seek legal aid, pursue litigation, or take other actions depending on the specific circumstances of the case. Foreigners working in Taiwan should pay special attention to their status and documents When foreign nationals encounter labor disputes in Taiwan, they should also pay close attention to issues of status. Foreign students working part-time must confirm they have a work permit and that their working hours comply with regulations. Foreign professionals should be aware of the relationship between their work permit, residency, and employer. Migrant workers facing wage arrears, violence, illegal withholding of documents, or forced job changes should not leave and engage in illegal work. Instead, they should first seek help from 1955, the local Department of Labor, or trusted assistance organizations. However, don't refrain from seeking help entirely due to fear of status issues. Wage arrears, overtime pay, illegal withholding of documents, workplace violence, or unfair dismissal cannot be ignored just because you are a foreigner. The real danger lies in silently enduring the situation or signing unfavorable documents without consultation. If you are still employed and worried about retaliation after applying for mediation, remember to keep all work records and conversations. If your shifts are cut, you are forced to resign, threatened, or transferred, continue to document these incidents and report them to the relevant authorities. When working in Taiwan, remember three key things when facing problems: First, preserve evidence; second, do not sign documents you don't understand; third, apply for labor-management dispute mediation at the local Department of Labor or Labor Affairs Bureau where you work. Jobs can be changed, but don't easily give up your rights. Especially for those living away from home in Taiwan, it's crucial to know: when facing workplace disputes, you are not alone.