Labor
1.Interpretation Ruling to Paragraph 1, Article 56 of Labor Standards Act
On 14 October 2025, the Ministry of Labor issued an interpretation ruling to Paragraph 1, Article 56 of the Labor Standards Act (LSA), to clarify that the scope of “total monthly wages” does not include the wages of the following personnel of an business entity: mandated manager, workers whose seniority under the LSA has been legally settled, workers newly employed after the implementation of the Labor Pension Act, and foreign workers employed under Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Employment Service Act whose length of service with the same business entity is less than 10 years. This ruling shall take effect on 1 April 2026.
Reported by: David Tsai / Joe Liao
SITE/SICE
2.Draft Ruling Regarding Paragraph 1, Article 56, of the Securities Investment Trust and Consulting Act, and Article 14 of the Regulations Governing the Conduct of Discretionary Investment Business by Securities Investment Trust Enterprises and Securities Investment Consulting Enterprises
On 9 October, 2025, the Financial Supervisory Commission (FSC) announced the draft ruling regarding Paragraph 1, Article 56, of the Securities Investment Trust and Consulting Act, and Article 14 of the Regulations Governing the Conduct of Discretionary Investment Business by Securities Investment Trust Enterprises and Securities Investment Consulting Enterprises. In addition to offshore funds not registered in Taiwan, the draft also proposes to allow discretionary investment assets to be invested in private equity funds, with related regulatory requirements outlined in the ruling:
(1) Eligibility criteria for investors;
(2) Eligibility criteria for private equity funds;
(3) Relevant investment information to be disclosed or specified in the investment prospectus;
(4) Requirement that the proportion of discretionary assets invested in private equity funds, when combined with investments in physical commodities such as gold, minerals, and other major raw materials, must not exceed 40% of the net asset value of the discretionary investment account; and
(5) Matters to be specified in the internal control system.
Reported by: Jeffrey Liu / Eva Chiu
| Editors: Mike Lu (Partner) Stacy Lo (Partner) Jeffrey Liu (Partner) Kang-Shen Liu (Partner) David Tsai (Partner) Angela Lin (Partner) Paul Hsu (Partner) Alex Li (Partner) | Counselors: Echo Yeh Sue Su Jolene Wang (Lexcel Partners IP Firm) |
