Chapter II Protection of Delivery Workers’ Rights and Interests

Article 4
The central competent authority shall formulate and publicly announce mandatory and prohibitory provisions for standardized contracts concerning material rights and obligations in delivery service contracts between delivery platform operators and delivery workers. The mandatory and prohibitory provisions referred to in the preceding paragraph shall include matters concerning remuneration calculation and payment methods, account suspension, termination of delivery service contracts, complaint mechanisms, insurance, basic delivery service procedures, dedicated contact channel personnel, and other matters relating to delivery workers’ labor rights and interests.
Where a delivery service contract entered into between a delivery platform operator and a delivery worker violates the mandatory or prohibitory provisions publicly announced pursuant to Paragraph 1, such provisions shall be void. Mandatory provisions announced pursuant to Paragraph 1 shall form part of the contract even if not expressly included therein. Where a delivery platform operator modifies or supplements material rights and obligations under a delivery service contract, such modification or supplementation shall require the consent of the delivery worker, and the operator shall not obtain such consent through unfavorable treatment.
Any unilateral publication or notification of amendments or supplements by the delivery platform operator via the internet, public announcement, mail, written notice, or other means without the consent of the delivery worker shall have no legal effect.
A delivery platform operator shall provide a written or electronic copy of the delivery service contract to the delivery worker within seven days after the contract is concluded.
Article 5
The basic remuneration paid by a delivery platform operator to a delivery worker for each order shall not be lower than one and one-quarter (1.25) times the hourly minimum wage prescribed under the Minimum Wage Act, calculated proportionally based on the delivery service period of that order, and shall in no event be less than 45 New Taiwan Dollars as the guaranteed minimum amount.
The guaranteed minimum amount of basic remuneration per order referred to in the preceding paragraph shall be adjusted and publicly announced by the central competent authority based on the guaranteed amount of the preceding year multiplied by the annual rate of increase in the hourly minimum wage prescribed under the Minimum Wage Act.
A delivery platform operator shall pay remuneration to delivery workers in full and directly. However, the preceding paragraph shall not apply where otherwise provided by law or otherwise agreed upon by both parties.
A delivery platform operator shall pay remuneration to delivery workers on a regular basis at least twice per month and shall provide a remuneration statement specifying the following matters:
1. Total remuneration amount.
2. The calculation method and amount of remuneration for per-order.
3. Items and amounts deductible pursuant to laws or agreement between the parties.
4. The actual amount paid.
A delivery platform operator shall prepare and maintain a remuneration register for delivery workers, recording the total remuneration paid and remuneration details; such register shall be preserved for five years.
Article 6
When assigning an order to a delivery worker, a delivery platform operator shall clearly inform the delivery worker of the estimated remuneration for the order, the pickup and delivery locations, and other relevant material information.
Article 7
During the provision of delivery services, where a delivery worker materially violates the Personal Data Protection Act, the Sexual Harassment Prevention Act, the Stalking and Harassment Prevention Act, the Criminal Code, traffic regulations, food safety and sanitation laws and regulations, or the delivery service contract, the delivery platform operator may terminate the delivery service contract only in case of severe circumstances.
Where a delivery platform operator terminates a delivery service contract pursuant to the preceding paragraph or makes any other adverse decision affecting a delivery worker’s rights and interests, the operator shall provide the delivery worker with complete, concise, and comprehensible reasons for such decision, shall bear the burden of proof with respect to those reasons, and shall afford the delivery worker an opportunity to file a complaint in accordance with Article 9.
Article 8
A delivery worker may terminate the delivery service contract under any of the following circumstances:
1. Where the delivery platform operator made a false representation at the time of entering into the delivery service contract which might mislead the delivery worker and creating a sustain damage therefrom.
2. Where the delivery platform operator violates the delivery service contract, this Act, or other applicable laws and regulations, thereby creating a risk of harm to the delivery worker’s rights and interests.
Termination pursuant to the preceding paragraph shall be effected within thirty days from the date the delivery worker becomes aware of the circumstances or the resulting harm.
Where a delivery worker terminates the delivery service contract pursuant to Paragraph 1, the delivery platform operator shall provide economic compensation to the delivery worker.
Regulations governing the standards, time limits, methods of payment, and other related matters concerning the economic compensation referred to in the preceding paragraph shall be prescribed by the central competent authority.
Article 9
A delivery platform operator shall establish a complaint mechanism for delivery workers with respect to the following matters:
1. Amount, calculation method, and payment timing of remuneration.
2. Account suspension, termination of the delivery service contract, or other adverse decisions against delivery workers.
3. Disputes arising between delivery workers and partner merchants or consumers in connection with delivery services.
The complaint mechanism referred to in the preceding paragraph shall include, at a minimum, the responsible unit, processing procedures, handling time limits, response methods, and remedial measures upon a complaint being upheld, and shall be publicly disclosed by the delivery platform operator.
With respect to disputes arising from termination of a delivery service contract pursuant to Article 7, a delivery platform operator shall establish an independent review panel to accept complaints from delivery workers.
The independent review panel referred to in the preceding paragraph shall convene meetings on a regular basis, and its members shall meet the following requirements:
1. The panel shall consist of no fewer than three members, including at least one labor union representative.
2. The preceding paragraph members other than the labor union representative shall be external experts or scholars possessing expertise in labor law or familiarity with the practical operations of the delivery platform industry, and who have no conflict of interest with the delivery platform operator.
A delivery platform operator shall not make any adverse decision against a delivery worker on account of the worker filing a complaint under this Act or assisting another person in filing such complaint.
Article 10
A delivery platform operator shall procure group accident insurance and liability insurance for delivery workers who have entered into delivery service contracts, in accordance with the following requirements; no delivery services shall be performed prior to such insurance coverage being obtained:
1. Insurance coverage period:
(1) Group accident insurance: the effective period of the delivery service contract.
(2) Liability insurance: the online service period.
2. The insurance coverage scope and minimum insured amounts shall comply with the standards publicly announced by the central competent authority.
3. A written or electronic copy of the insurance contract shall be provided to the delivery worker for retention and preserved for one year.
Only when a delivery worker has no record of providing delivery services for more than three consecutive days, the delivery platform operator may temporarily suspend the insurance arrangements referred to in the preceding paragraph.
Article 11
When engaging delivery workers to provide delivery services, a delivery platform operator shall comply with the following requirements:
1. The delivery platform operator shall not mandate a fixed online service period for delivery workers or require delivery workers to remain online service against their will.
2. The delivery platform operator shall not subject delivery workers to adverse treatment for refusing to accept orders or choosing to log off for rest.
Article 12
Where a delivery worker participates in Labor Occupational Accident Insurance pursuant to Article 7 or Article 10 of the Labor Occupational Accident Insurance and Protection Act through his or her affiliated occupational labor union or by personal enrollment, the delivery worker may submit proof of premium payment to the delivery platform operator and apply for reimbursement of the portion of insurance premiums borne by the worker. The delivery platform operator shall not refuse such payment.
Where a delivery worker simultaneously provides delivery services on two or more delivery platforms, the worker may apply for such reimbursement from only one platform operator.
Data Source:Ministry of Labor / Law Source Retrieving System Labor Laws And Regulations