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RAINFOREST ALLIANCE
APPLICABLE LAW ASSESSMENT
RA 2020 STANDARD
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Certification body:EKOINSPEKT ULUSLARARASI BELGELENDIRME DENETIM GOZETIM TEKNIK KONTROL VE EGITIM HIZMETLERI LTD. STI.For internal use only
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Country:Taiwan(Republic of China)Reviewed by:
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Date submitted1/31/2023Approved by:
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Contact person:Mustafa CetinkayaApproved date:
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Instructions
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The Certification Body (CB) should list applicable local laws for all core requirement of the RA 2020 Standard according to the geographic scope requested (the format should include individual legislations for each country). The following is a brief explanation of how to complete the template:
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Topic: Include the topic covered in the requirement, for example: Natural Ecosystems, Agrochemicals, etc.
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Related standard requirement number: Include the number of the specific related requirement, for example: No. 4.5.1
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National Legislation Reference:
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Legislation name: Include the name of the national legislation related to the criterion, for example: Labor Code, Decree No. 1441.
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ILO convention name (if applicable): If there is an applicable ILO convention, indicate the name of that convention and its respective number. e.g. "ILO Convention, Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)" If there are any sector wide agreements or CBAs that might be relevant, feel free to indicate those as well.
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Title: Include the title within the national legislation that refers to the criterion to be evaluated, for example: Contracts and collective bargaining.
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Articles to be reviewed: Indicate the # or #s of the articles to be reviewed, with respect to the criterion compliance, for example: Articles 57 to 60.
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If RA standard goes beyond the national legislation, please indicate on which areas: please perform an analysis of the applicable legislation and where the RA Standard might go beyond the legislation.
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National Legislation Reference
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TOPICRelated standard requirement numberLegislation NameCBA if applicable ILO convention name (if applicable)TitleArticles to reviewIf RA standard goes beyond the national legislation, please indicate on which areasColumn1
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Commitment to Sustainable Agriculture1.1.1No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Compliance with Applicable Laws and Collective Bargaining Agreement1.2.1All applicable laws as per constitution

Collective Bargaining Act 		Collective Bargaining Agreement may be sector wiseN/AThe Collective Agreement Act (here-in-after referred to as the Act) is enacted to regulate the bargaining procedures and effect of collective agreement, stabilize labor relations, promote labor-management harmony, and protect rights and interests for the labor and the management.All Articles numbering 1 to 32 dela with collective bargaining N/Ahttps://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0020006
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Service provider evaluation mechanism1.2.2No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Subcontractors and suppliers' compliance to certification rules1.2.3No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Enrolment of member farms1.2.4No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Registry of group members and
Registry of workers 		1.2.5; 1.2.6No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Information given through Predominant language to workers1.2.7No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Sign agreement between both parties (GA and Members)1.2.8No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Records of last four years1.2.9No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Up to date Map in the Farm1.2.10/1.2.11No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Geo location data and Polygon maps1.1.12; 1.2.13No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Risk Assessment of the Farm1.3.1No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Management plan based on Risk Assessment1.3.2No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Services to group members1.3.3; 1.3.4No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Internal inspection system1.4.1; 1.4.2No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Internal approval and sanction mechanism1.4.3No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Self Assessment 1.4.4No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Grievance Mechanism in the working place1.5.1Labour Standards ActsN/AN/AThe Act is enacted to provide minimum standards for working conditions, protect workers' rights and interests, strengthen employee-employer relationships and promote social and economic development. Matters not provided for herein shall be governed by other applicable statutes.
The terms and conditions of any agreement between an employer and a worker shall not be below the minimum standards provided herein.		Article 74A worker, upon discovery of any violation by the business entity of the Act and other labor laws or administrative regulations, may file a complaint to the employer, competent authorities or inspection agenciesN/ALaw Source Retrieving System Labor Laws And Regulations-Article Content (mol.gov.tw)
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Gender Equality1.6.1/ 1.6.2Constitution of Taiwan
Labour Standards Acts		N/AN/A As given aboveAs per Article 10 of constitution, The State shall protect the dignity of women, safeguard their personal safety,
eliminate sexual discrimination, and further substantive gender equality
Article 25An employer shall under no condition discriminate between the sexes in the payment of wages. Worker shall receive equal wages for equal work of equal efficiency.		N/A
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Yield Estimation 2.1.1No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Stock calculations2.1.2No Local laws cover this standard requirements.N/AN/AN/AN/A
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Segregation and separation of certified and non-certified product2.1.3No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Process flow map2.1.4No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Traceability2.1.5No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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No Double selling of RA certified products2.1.6No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Sales records and documents 2.1.7As per Accounting NormsN/AN/AN/AN/AN/A
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Conversion factor2.1.8No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Calibration of equipment2.1.9Weights and Measures ActN/AN/AThis Act is established for the purposes of harmonizing the use of weights and measuring units and ensuring the accuracy of measuring results.Article 59, makes calibration od weights and measures mandatoryN/Ahttps://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0100052
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Online traceability platform2.2.1; 2.2.2; 2.2.3; 2.2.4No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Mass Balance2.3.1; 2.3.2; 2.3.3; 2.3.4; 2.3.6 No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Transfer of Sustainability Differential3.2.1No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Use of Sustainability Differential3.2.2No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Ensuring Sustainability Differential received to seller3.2.3No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Contract between buyer and seller for sustainable differential 3.2.4No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Time period for payment of sustainability differential3.2.5No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Quarterly reporting of Sustainability differential in traceability platform3.2.6No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Payment of minimum prescribed Sustainability Differential 3.2.7No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Sustainability Investment Plan3.3.1No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Planting Material for new cultivation4.1.1No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Basic requirement for new cultivation4.1.2No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Pruning and renovation of the cultivation4.2.1No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Genetically Modified Organism do not use for cultivation4.3.1No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Soil Assessment4.4.1No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Soil Management 4.4.2No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Soil test 4.4.3No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Use of Organic Fertilizer4.4.4No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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IPM Strategy 4.5.1No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Pest Monitoring4.5.2No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Usage of Agrochemical4.5.3No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Training on IPM strategy4.5.4No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Used Permitted Agrochemical only4.6.1 Environmental Agents Control Act N/AN/AThis Act is formulated to prevent harm from environmental agents, preserve human health, and protect the environment.N/AN/A
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Risk mitigation measure for Agrochemical usage4.6.2No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Use of Personal Protective Equipment (PPEs) by agrochemical handlers 4.6.3Regulations for Environmental Agent Vendor and Pest Control Operator Permit Application and IssuanceN/AN/AThese Regulations are determined pursuant to Article 11, Paragraph 1 of the Environmental Agents Control Act (herein referred to as
this Act).		Article 2 mandates use of proper equipment and protection facilitiesN/A
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Bathing and changing facilities for agrochemical handlers 4.6.4No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Agrochemical applied as per the products instructions4.6.5No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Mechanism for reduced to contamination4.6.6No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Aerial application of agrochemical4.6.7No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Records of Pesticide Applications4.6.8No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Management of empty pesticide containers and expired agrochemical4.6.9National Environment Act- Regulation- Movement NotificationN/AN/ADisposal of Municipal solid wasteWhole document
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Storage of Agrochemical4.6.10/4.6.11Regulations for Environmental Agent Vendor and Pest Control Operator Permit Application and IssuanceN/AN/AThese Regulations are determined pursuant to Article 11, Paragraph 1 of the Environmental Agents Control Act (herein referred to as
this Act).		Article 2 says that permit is required for storage of pesticides
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Records of Agrochemical stocks4.6.12No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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optimize quality and quantity of product during harvest4.7.1No Local laws cover this standard requirements.N/AN/AN/AN/A
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Management commitments, Risk mitigation, Monitoring and Remediation regarding to prevention of child labour, forced labour, discrimination.5.1.1/5.1.2/5.1.3/5.1.4No Local laws cover this standard requirements.N/AN/AN/AN/A
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Workers Freedom of Association and Collective bargaining5.2.1
5.2.2
5.2.3		Collective Bargaining ActIndustry/enterprise wise agreementsN/AThe Collective Agreement Act (here-in-after referred to as the Act) is enacted to regulate the bargaining procedures and effect of
collective agreement, stabilize labor relations, promote labor-management harmony, and protect rights and interests for the labor
and the management.		Whole partsN/A
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Wages and Contracts5.3.1/5.3.2/5.3.3/5.3.4/5.3.5/5.3.6/5.3.7 Labour Standards Act.
N/AN/AThe Act is enacted to provide minimum standards for working conditions, protect workers' rights and interests, strengthen employee-employer relationships and promote social and economic development. Matters not provided for herein shall be governed by other applicable statutes.
The terms and conditions of any agreement between an employer and a worker shall not be below the minimum standards provided herein.		Articles 22 to 29 of labor standards Act deal with wages and overtimeN/Ahttps://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0030003
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Elimination or reduction workers' pay and /or benefits No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Minimum WageRegulations for the Deliberation of Basic Wage N/AN/AThe Regulations are enacted according to Article 21 of the Labor Standards act to fix the basic wage across the industryWhole document
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Equal Pay Equal Work5.3.8 Labour Standards Act.
N/AN/AAs given aboveArticle 25
An employer shall under no condition discriminate between the sexes in the payment of wages. Worker shall receive equal wages for equal work of equal efficiency.
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Labour providers qualifications5.3.9
5.3.10		No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Living wage benchmark and wage plan5.4.1
5.4.2
5.4.3		No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Weekly working hours and rest day5.5.1 Labour Standards Act.
N/AN/Aas given above at many placesChapter Ⅳ Working Hours, Recess and Holidays
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Overtime5.5.2 Labour Standards Act.
N/AN/AAs aboveArticle 24
An employer shall pay worker overtime wages using the following basis:
1. When the overtime work does not exceed two hours, the worker shall be paid, in addition to the regular hourly wage, at least an additional one-third of the regular hourly rate.
2. When the overtime work is over two hours, but the total overtime work does not exceed four hours, the worker shall be paid, in addition to the regular hourly wage, at least an additional two-thirds of the regular hourly rate.
3. When the overtime work requested is governed by Paragraph 4 of Article 32, the worker shall be paid two times the regular hourly rate.
In accordance with Article 36, an employer shall pay a worker overtime wages when required to work on the rest days. When the overtime work does not exceed two hours, the worker shall be paid, in addition to the regular hourly wage, at least an additional one and one-third of the regular hourly rate. When the overtime work is over two hours, the worker. shall be paid, in addition to the regular hourly wage, at least an additional one and two-thirds of the regular hourly rate. Articles 30,32, 33 specify the maximum hour of OT allowed		RA standard says minimum 1.5 hours but national law gives minimum as 1.33 times
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Maternity Benefits5.5.3As aboveN/AN/AAs aboveArticle 50
A female worker shall be granted maternity leave before and after childbirth for a combined period of eight weeks. In the case of a miscarriage after the first three months of pregnancy, the female worker shall be permitted to discontinue her work and shall be granted maternity leave for a period of four weeks.
If the female worker referred to in the preceding paragraph has been employed for more than six months, she shall be paid regular wages during the maternity leave, while if her period of service is less than six months, she shall be paid wages at half of the regular payment.		National legislation requires maternity leave for 8 weeks where as RA standard requires at least 14 weeks.
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Facilities for worker's younger children in the working place
5.5.4No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Health and Safety Risk Assessment5.6.1/5.6.2/5.6.3Occupational Safety and Health ActN/AN/A
This Act is enacted to protect workers’ safety and health and to prevent occupational accidents; if otherwise provided by other applicable act, the provisions of that other act shall prevail.		Articles 4& 5 mention the need for safety risk assessment
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Safe drinking water5.6.4
5.6.5
5.6.6		 Drinking Water Management Act N/AN/AThis Act is formulated to ensure the quality of drinking water sources, improve public drinking water quality and maintain public health. The regulations of other laws shall apply to those matters not regulated by this Act.Article 15 requires private entities having water supply facilities to follow the government requirements and parameters
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Toilets and washing facilities5.6.7 Labour Standards Act.
N/AN/AAs given earlierAn employer shall take precautions for the safety and benefit of
his / her hired workers against occupational hazards, create a
proper working conditions and provide welfare facilities. All
safety, sanitation and welfare matters related thereto shall be
governed by the regulations of applicable statutes.		N/A
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Information on health services and policies 5.6.8No Local laws cover this standard requirements.N/AN/AN/AN/AN/A
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Personal Protective Equipment while working in hazardous work situation5.6.9 Enforcement Rules of the Occupational Safety and Health ActN/AN/AThese Rules are formulated pursuant to Article 54 of the Occupational Safety and Health Act (hereinafter referred to as "the Act").Article 31 specifies the requirement of protective equipment for usage of any dangerous machines, chemicals, situations etc.https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0060002
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All working tools in good conditions and safe5.6.10As aboveN/AN/AAs aboveAs aboveN/A