Mandate agreements are often used for high-level managers in a country. In essence, such an agreement appoints the manager to his position and allows the removal with or without reason, which can avoid a long, potentially costly and embarrassing dispute for termination. Almost all people working in a company are considered “workers” under Taiwanese law, which gives them essential rights under the ASA and the APA, including overtime pay and protection from dismissal. However, managers of high-level countries are often subject to “mandate agreements” that essentially appoint the leader to his or her local position and allow the position to be removed for or without reason. For overtime that is not requested by the company, court cases will only treat work as overtime if the employee has obtained prior authorization (under agreements, directives or work rules) or if the company has accepted the work product. It is a good idea for you as an employee to also keep a recording of all overtime in case of litigation as well as a registration of the work authorization. In most cases, it is the law that requires employees to go up and down — do it! It is important for companies to make employees understand that their working time efforts go to the company, and many employment contracts have specific provisions that provide that economic rights over inventions, improvements, copyrighted works, etc., developed by the employee, must be considered “rentals” and therefore belong to the employer. Companies should also pay attention to the obvious gaps in their trademark or domain name registrations, as this can sometimes be targets after the end for angry ex-employees. Employment or redundancy contracts may stipulate that, even after the termination of the employment relationship, the employee cannot file or register trademarks, service marks or domain names equivalent to those of the employer or similar to those of the employer. What law should be enforced? Although an executive`s agreement stipulates that it must be interpreted under the law of one U.S.
state or the laws of another country if the employee has his headquarters in Taiwan, Taiwan`s local courts and work system will normally treat the employee as a recourse to the laws and tribunals here. The law de facto allows diplomatic relations with government authorities by giving the AIT special powers at the level of the de facto embassy and stipulates that all international agreements concluded between the ROC and the United States prior to 1979 are still valid, unless otherwise denounced. One agreement that President Jimmy Carter unilaterally terminated after establishing relations with the People`s Republic of China was the China-U.S. Mutual Defense Treaty. Note that internal promotions can often lead to interesting problems in which a country manager (who usually has a “mandate agreement”) becomes a “collaborator” after years.