Article 54, Paragraph 1, Subparagraph 1 of the Labor Standards Act provides that an employer may not force a worker to retire unless the worker has reached the age of 65. However, regarding whether Article 54, Paragraph 1, Subparagraph 1 of the Labor Standards Act applies where a worker was already 65 years of age or older at the time of hiring, the Ministry of Labor issued an interpretive letter on May 6, 2026, under Reference No. Lao-Dong-Fu-3-Zi No. 1150153115, providing clarification on this matter. 

The interpretive letter states that the legislative intent of Article 54, Paragraph 1, Subparagraph 1 of the Labor Standards Act is to regulate situations where a worker was hired by the same employer before reaching the age of 65 and has continued to be employed until reaching age 65, during which period the employer may not arbitrarily force the worker to retire, so as to protect the employment rights and interests of older workers. Accordingly, where an employer hires a worker with prior knowledge that the worker has already reached the age of 65, Article 54, Paragraph 1, Subparagraph 1 of the Labor Standards Act does not apply. Should the employer nonetheless force the worker to retire on the grounds that the worker has reached age 65, this would be inconsistent with the legislative intent of Article 54, Paragraph 1, Subparagraph 1, which aims to protect the employment rights and interests of older workers. Where an employer wishes to terminate the labor contract of a worker who was hired at or after age 65, the employer must still proceed in accordance with Articles 11, 12, and the proviso of Article 13 of the Labor Standards Act. 

Reference: Interpretive Letter No. Lao-Dong-Fu-3-Zi No. 1150153115, issued by the Ministry of Labor on May 6, 2026 (R.O.C. Year 115)