Taiwan Employment Law · PIP · Job Transfer

Can Your Employer Suddenly Change Your Job Duties and Put You on a PIP in Taiwan?

You were performing your original role without major issues. Then your employer suddenly changed your responsibilities, assigned unfamiliar tasks, and shortly afterward told you that your performance was “below expectations.” Now you have been placed on a Performance Improvement Plan, or PIP, and you are worried that termination may come next. Is this legal under Taiwan labor law?

Short Answer

A job-duty change or PIP is not automatically illegal in Taiwan. Employers generally have some managerial discretion to assign work and evaluate performance. However, the real legal issue is whether the new assignment was reasonable, whether the PIP was genuinely designed to improve performance, and whether any later termination satisfies Taiwan's legal requirements.

If an employer first assigns substantially different duties, provides little or no training, sets unrealistic performance targets, and then uses failure to meet those targets as evidence that the employee is “incapable of performing the job,” the legality of the entire process may be challenged.

If You Are a Foreign Employee Working in Taiwan

Foreign professionals often face an additional difficulty: the written employment contract, English-language job description, actual day-to-day duties, and instructions given by local management may not always match.

When a dispute arises, it is therefore especially important to preserve the original job posting, offer letter, employment agreement, English and Chinese job descriptions, performance reviews, emails, Slack or Teams messages, and any written instructions showing how your role changed over time.

1. Can an Employer in Taiwan Suddenly Change Your Job Duties?

Employers in Taiwan are not completely prohibited from adjusting an employee's duties. Business needs change, teams are reorganized, products evolve, and employees may be required to take on new responsibilities.

However, an employer's right to transfer or reassign an employee is not unlimited.

Article 10-1 of the Taiwan Labor Standards Act: The Five Principles of Job Transfer

When transferring an employee, the employer must not violate the employment contract and must comply with the following principles:

  1. The transfer must be based on genuine business necessity and must not be made with an improper motive or purpose.
  2. The employee's salary and other working conditions must not be adversely changed.
  3. The employee must be physically and technically capable of performing the new work.
  4. If the new workplace is excessively far away, the employer must provide necessary assistance.
  5. The employer must consider the interests of the employee and the employee's family life.

A Different Task Does Not Automatically Mean an Illegal Transfer

One of the first questions is whether the new assignment still falls within the reasonable scope of the employee's original position.

For example, if you were hired broadly as a software engineer, your employment agreement did not limit you to one specific type of coding, and you represented during recruitment that you had both front-end and back-end skills, an employer may have more room to assign different technical tasks.

By contrast, if you have performed one specialized function for years and your employer suddenly assigns substantially different duties requiring skills you were never hired to provide, gives you little training, and then immediately criticizes your performance, the situation becomes much more legally sensitive.

The key question is not whether your job title changed. What matters is whether your actual duties were materially changed, why the change occurred, whether the change was consistent with your contract and professional background, and whether the employer gave you a realistic opportunity to perform the new role.

2. What Is a PIP, and Is a PIP Legal in Taiwan?

PIP stands for Performance Improvement Plan.

Taiwan's Labor Standards Act does not specifically require or regulate a procedure called a “PIP.” In practice, a PIP is usually an internal performance-management tool used by an employer to identify perceived deficiencies and set improvement goals.

A PIP may also later become important evidence if the employer argues that it tried to coach the employee before terminating employment for poor performance.

Being Put on a PIP Does Not Automatically Mean You Can Be Fired

The existence of a PIP alone is not decisive. A court may examine whether the plan was reasonable and whether it genuinely provided an opportunity for improvement.

1. Are the performance targets realistic? Could a reasonable employee actually achieve them within the stated period?
2. Is the improvement period long enough? If a new skill normally takes months to learn, demanding mastery in a few weeks may be questionable.
3. Did the company provide support? Look at training, mentoring, written guidance, resources, staffing, software, or other assistance.
4. Are the criteria objective? Concrete targets are different from vague statements such as “poor attitude” or “not meeting expectations.”
5. Did the performance issue begin only after your role changed? Your historical performance may become highly relevant.
6. Was the PIP actually intended to improve performance? Or does the process appear to have been designed mainly to create a record for termination?
A PIP should not simply be a process designed for the employee to fail. If the targets are unrealistic, the criteria constantly change, or necessary support is withheld, a later termination may still be challenged even if the employer labels the process a PIP.

3. A Taiwan Court Case Involving Changed Duties, PIP, and Termination

Taiwan Kaohsiung District Court, Labor Case No. 162 of 2024

This case illustrates how Taiwan courts may analyze a sequence involving changed work duties, performance problems, a PIP, and eventual termination.

The employee had primarily worked as a back-end engineer. The employer later implemented a broader development policy requiring engineers to handle both front-end and back-end work.

After the employee encountered performance issues on new assignments, the employer placed the employee on a PIP. The employee argued that the employer had improperly changed the role, failed to provide sufficient training, and then used the resulting performance issues to create the appearance that the employee was unable to perform the job.

Why Did the Court Ultimately Find in Favor of the Employer?

The court did not simply say: “The employee failed the PIP, therefore the termination was legal.” Instead, it looked at the entire history of the employment relationship.

  • The company's broader front-end/back-end policy had existed for some time.
  • The employee had prior relevant technical experience.
  • Other engineers had generally adapted to the new work model.
  • The PIP lasted approximately three months.
  • Management reviewed progress regularly.
  • The company provided assistance and learning materials.
  • The employee's performance still did not improve sufficiently.

Based on the overall circumstances, the court concluded that the employer had provided a meaningful opportunity to improve and that the eventual termination could satisfy Taiwan's legal requirement concerning inability to perform the assigned work.

The opposite may also be true. If there was no established business policy, the employee had no relevant background, no meaningful training was provided, and the employer quickly used performance problems in the newly assigned role as a basis for termination, the legal analysis could be very different.

4. Can Your Employer Fire You for Failing a PIP in Taiwan?

Not automatically.

When an employer seeks to terminate an employee because of performance problems, one commonly invoked provision is Article 11, Subparagraph 5 of the Taiwan Labor Standards Act.

Article 11(5) of the Taiwan Labor Standards Act

An employer may terminate an employment contract with advance notice where the employee is clearly unable to perform the work assigned.

The important word is not simply “performance.” The employer generally needs to establish that the employee is genuinely unable to perform the job, rather than merely showing that a manager was dissatisfied.

Three Questions Usually Become Critical

Issue What Matters
Was the employee genuinely unable to perform the job? Was there a persistent performance problem, or merely one delayed project, one disagreement, or a temporary problem caused by unfamiliar duties?
Was the employee given a fair opportunity to improve? Did the employer provide coaching, training, a reasonable PIP, reassignment options, or other support?
Was termination truly the last resort? Could the employer reasonably have continued employment through a less severe measure?

“PIP Failed” Is Not a Magic Formula for Lawful Termination

If litigation occurs, the employer may need to provide specific evidence showing why the employee was unable to perform the work.

Broad statements such as “not proactive enough,” “poor communication,” or “did not meet expectations” may carry less weight if they are not supported by specific examples, measurable targets, or documented consequences.

The employee's past record is also important. If you received positive evaluations for years and your performance problems appeared only after your responsibilities were substantially changed, that history may become highly relevant to the dispute.

5. Special Concerns for Foreign Employees Working in Taiwan

Foreign employees can face additional practical difficulties during a PIP or termination dispute. The legal principles are the same, but communication and documentation problems can make the case more complicated.

Your English contract may not match your actual work. Preserve both the contract and evidence of what you were actually asked to do.
The PIP may contain Chinese terminology you do not fully understand. Do not assume that a document merely records receipt if it actually contains admissions or agreements.
You may be pressured to “resign voluntarily.” A resignation agreement, separation agreement, or mutual termination document can have significant legal consequences.
Managers may communicate important decisions verbally. Follow up important discussions by email so there is a written record.
If you are handed a resignation, settlement, separation, or mutual termination agreement, do not treat it as a routine HR form. Signing a document voluntarily may substantially change the legal issues in a later employment dispute.

6. What Should You Do After Receiving a PIP?

One common mistake is reacting emotionally: refusing every document, arguing aggressively with management, or immediately writing that the company is acting illegally.

From a legal strategy perspective, the more important goal is often to create a clear and professional written record.

Compare your old duties with your new duties. Save the original job posting, offer letter, employment contract, job description, organization chart, and earlier performance expectations.
Document when your responsibilities changed. Keep emails, messages, meeting notes, and instructions showing when the new tasks were introduced.
Review every PIP target carefully. Identify the measurement method, deadline, expected result, and resources provided for each target.
Preserve your historical performance records. This includes positive reviews, promotions, bonuses, successful projects, praise from supervisors, and records showing no earlier performance concerns.
Put reasonable objections in writing. If you need training, additional information, access to tools, or more realistic deadlines, request them clearly and professionally.
Be cautious before signing resignation or separation documents. Once you sign a voluntary resignation or settlement agreement, the later legal analysis may become significantly more complicated.
You do not necessarily have to refuse to participate in the PIP. In some situations, a better approach is to state in writing that you are willing to cooperate while specifically identifying the targets, timelines, job duties, or resources that you believe are unreasonable. The appropriate response depends on the facts of each case.

7. When Should You Speak With a Taiwan Employment Lawyer?

Not every change in duties or PIP requires immediate legal action. But early legal review becomes more important when several warning signs appear together.

  • You had good performance reviews for years before your duties suddenly changed.
  • The new duties are substantially outside your original professional role.
  • You received little or no training for the new responsibilities.
  • The PIP contains vague or subjective performance standards.
  • Your manager has already mentioned termination, severance, or resignation.
  • HR asks you to sign a voluntary resignation or mutual separation agreement.
  • You believe the PIP was created specifically to build a termination record against you.

In these cases, the most useful legal analysis usually involves much more than reviewing the PIP itself. An employment lawyer may need to examine your original contract, actual duties, performance history, internal communications, timeline of reassignment, PIP criteria, support provided by the employer, and any proposed termination documents.

8. Frequently Asked Questions About PIPs and Job Changes in Taiwan

Can my employer change my job duties without my consent in Taiwan?

Sometimes. Employers generally have a degree of managerial authority, particularly where the new duties remain within the reasonable scope of the employee's position. A substantial transfer or reassignment, however, may need to satisfy Article 10-1 of the Labor Standards Act.

Does being placed on a PIP mean I will be fired?

No. A PIP can be a legitimate performance-management process. However, if the PIP appears together with sudden job changes, unrealistic targets, pressure to resign, or preparations for termination, it may be wise to review the situation more carefully.

If I fail a PIP, can my company automatically terminate me?

No. A failed PIP does not automatically make a termination lawful. The employer must still satisfy the applicable requirements under Taiwan employment law, including whether the employee was genuinely unable to perform the job and whether termination was a last resort.

Should I refuse to sign a PIP?

That depends on the document. Before signing, determine whether your signature merely acknowledges receipt or whether it means you agree with the allegations, evaluation, or performance targets. If you disagree, it may be possible to preserve your objections separately in writing.

My company is asking me to resign instead of terminating me. What should I do?

A voluntary resignation, mutual termination agreement, or separation agreement can materially affect your rights. You should understand the terms and legal consequences before signing.

Can a foreign employee challenge wrongful termination in Taiwan?

Potentially, yes. If an employer's termination does not comply with Taiwan employment law, an employee may consider labor mediation or civil proceedings, depending on the facts and the remedy sought.

Placed on a PIP or Facing Possible Termination in Taiwan?

Employment disputes are often easier to assess before the termination actually happens. By the time an employer issues a formal termination notice, many of the most important documents and performance records may already have been created.

If your job duties were suddenly changed, you have been placed on a PIP, or HR has asked you to sign a resignation or separation agreement, you may bring your employment contract, PIP documents, performance records, and relevant emails to a legal consultation for an individualized assessment.

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This article provides general information regarding Taiwan employment law and does not constitute legal advice for any specific case. The legal analysis may vary depending on the employment contract, actual job duties, company policies, performance records, communications between the parties, and the specific circumstances of termination.