Fired in Taiwan? Part 3: Fighting Back in Court: Strategies for "Provisional Injunctions"

Leo Hsieh | Of Counsel | 26 Feb 2026

Specialized in cross-border investments, fund structuring, and cryptocurrency regulatory matters, with many years of experience in cross-border transactions and corporate legal advisory work.

本頁目錄

In Part 2, we introduced different Visa timeline applies to different group of employees. You didn't resign. Now, it's time to fight.

Many expats fear that a lawsuit takes too long (1-2 years). They ask: "How can I survive without a salary while waiting for the judge?"

The answer lies in a powerful legal weapon: the "Provisional Injunction" (定暫時狀態處分).

What is a "Provisional Injunction"?

This is an emergency order from the court. If granted, it forces your employer to:

Temporarily reinstate you (keep your employment status active).
Continue paying your salary monthly while the main lawsuit is ongoing.

To win this, JunLing International Law Firm must prove two things to the judge:

The Likelihood of Success:

We have a strong case that the firing was illegal.

The Necessity (Urgency):

You will suffer significant harm if the order is not granted.

Strategy Analysis: How We Argue Based on Your Status

Courts look at cases differently depending on your situation. We analyze the success factors based on recent precedents:

Scenario A: The "60-Day" Crisis (High Urgency)

The Argument: For workers with only 60 days (Standard Work Permit), the urgency is undeniable. Losing the job means immediate loss of residency and livelihood.

Legal Precedent: Courts grant injunctions here because the "harm" (deportation) is irreversible. (e.g., 110 Labor-Appeal No. 45).

Strategy: We emphasize the immediate risk of deportation to pressure the court for a quick decision.

Scenario B: The "Gold Card" / Professional (Career Impact)

The Challenge: Employers may argue that the employee has 6 months to find a job and doesn't need the salary immediately

The Counter-Argument: This is false. Recent rulings (e.g., 113 Labor-Appeal No. 79, 113 Labor-Appeal No. 4) confirm that courts still focus on:

Was the firing illegal?
Can the company afford it?

Strategy: We argue that the "harm" isn't just about deportation—it's about the disruption to your professional career, income stability, and family planning. The 6-month buffer allows you to fight for your rights properly, and courts generally do not penalize you for having a better visa status.

Conclusion: Don't Walk Away

Whether you are fighting for survival or professional justice, the law provides tools to protect you. An illegal termination is not just "bad luck"—it is a violation of your rights.

JunLing International Law Firm specializes in high-stakes labor litigation for foreign professionals. We know how to leverage these precedents to secure your status and your compensation.

Evaluate Your Chances Today! Don't let your employer starve you out. Let's discuss your strategy.