2

A teen with dual citizenship (Taiwan and U.S.) is seeking to work during his summer vacation. He's 14 right now (8th grade), which allows him to work by U.S. FLSA, but he is prohibited to work by Taiwan's child labor law which states that he must have graduated from 9th grade.

He's currently applying to a U.S.-based international company for a remote job. Is he allowed by law to work for a U.S.-based company? He is living in Taiwan.

  • Where is the remote job based? From what jurisdiction would he be paid? – phoog May 15 at 21:13
3

You'd have to look careful for example at the Taiwanese law. Does it disallow companies in Taiwan to hire minors, or does it disallow minors to take jobs in Taiwan? In 99.99% of all cases the effect would be the same, but in this case the minor is in Taiwan, and the company in the USA. If their law disallows minors to take jobs, then the matter is clear. If it disallows companies to hire minors, then there is the question if the US company hiring a remote employee is covered by this or not.

On the other hand, if employment is against Taiwanese law, how can they enforce it? Normally enforcement is against the company, not the minor.

3

Taiwanese law applies to employees in Taiwan regardless of their citizenship.

  • But Taiwanese law may not restrict work performed for employers outside of Taiwan. – phoog May 15 at 21:12
  • 1
    @phoog he or she says they are in Taiwan – Dale M May 15 at 21:15
  • 1
    The question is about work being performed by a child who lives in Taiwan, but the employer is said to be a "US-based international company," and the job is said to be "remote," so it seems at least conceivable that the job is based in a US office of the US-based company, or even an office in another country. If the job is based in the Taiwan office, of course, Taiwanese law would certainly control, probably even if the child traveled outside of Taiwan. – phoog May 15 at 21:20
  • This is a single line answer with no support. – Putvi May 15 at 21:44
  • @phoog The company doesn't have a office at Taiwan, it's just the teen is working at Taiwan (his home) as the job is a remote job not a job require to be in company's office – Andrew.Wolphoe May 15 at 22:27

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.