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Amendments of Labor Standards Act Loosens the Regulations of One Regular Day Off for Every Seven Work Days.

Amendments of Labor Standards Act Loosens the Regulations of One Regular Day Off for Every Seven Work Days.
Amendments of Labor Standards Act Loosens the Regulations of One Regular Day Off for Every Seven Work Days.
Hit : 242
Date : 2018/5/15
Updated : 2018/5/15 上午 09:59:00

The amendments of “Labor Standards Act” passed the third reading on January 10, 2018 and took effect on March 1. In addition to loosening the regulation of one regular day off for every seven days, other regulations are added, including managing the total amount of overtime work hours, break time for shifts, deferring special leaves, etc. How much do you know about rights of labor?

The following are several key points of this amendment:

1.Calculate Overtime Work Wages on Leaves

If workers work on their off days, they should be paid by hours that they work with the same overtime wage. That is, if the overtime hours do not excess two hours, workers should be paid their regular hourly wage plus an additional one-third of the regular hour rate. Workers should be paid their regular hourly wage plus an additional two-thirds of the regular hour rate for their third to eighth overtime hours. Workers should be paid two times of their regular hourly wage plus an additional two-thirds of the regular hour rate for their ninth to twelfth overtime hours.
From the third to the eighth overtime hours. In addition, all the work time on the leaves is added to monthly overtime hours which are 46 hours in total.

2. Manage the Total Amount of Overtime Hours

The maximum overtime hours of a month stay 46 hours. However, if employers receive permission from unions or employer-employee meetings, the total amount of overtime hours can be managed and calculated with 3 months as a cycle. That is, the overtime hours of a month cannot exceed 54 hours, and the total amount of overtime hours for 3 months cannot exceed 138 hours. Companies with more than 30 employees should manage the total amount of the overtime hours and report to local authorities for future reference.

3. Workers Can Choose Days for Compensatory Leave Based on Their Overtime Hours.

Workers who work overtime on regular days or break days can choose days for their compensatory leaves. If they receive approval from their employers, they can replace the number of overtime hours with the number of compensatory leave hours. Moreover, workers should have overtime hours first and then apply for hours of compensatory leaves. The time period for having compensatory leaves is negotiated and decided by both employers and employees. If workers do not use up their compensatory leave hours, employers should extend the working hours or give them overtime wage based on the break day’s working wage rate.

4. Break Time during Shifts.

There should be 11 hours of break time during shifts. Due to the job requirement or particular reasons and after the announcement of authorized agencies of government businesses or Ministry of Labor, break time can be changed to be lower than 11 hours but not lower than 8 hours. Even those who have been announced to be eligible for such changes need to get agreement from unions or the employer-employee meetings to change the break time. Ministry of Labor has already announced that crew member of Taiwan Railways and shift staff of Taipower, CPC Corporation, and Taiwan Sugar Corporation are eligible for the exception.

5. The Rule of One Day Off for Every Seven Work Days Stay, and Rest Days Are Adjusted Appropriately.

Rest days are organized based on the principle of one off day for every seven work days. With the approval of the authorized agencies of government businesses (e.g., Tour guides should receive approval from Ministry of Transportation and Communications.), the industry designated by Ministry of Labor (including industries with special working time, location, features, and conditions) can have flexible arrangement for the rest day within the 7-day cycle without changing employees’ right of two days off in a week. If an individual company needs any adjustment, all changes should be approved by unions or employer-employee meetings. Companies with more than 30 employees should report to local authorities for future reference.

6. Deferring Special Leaves Enables Employees to Use Their leaves with Flexibility.

Unused special leaves for this year can be deferred to and used in the following year. Once special leaves are deferred, employees should use the deferred leaves first when they apply for leaves. Employees can use their leaves with flexibility based on individuals’ schedules to arrange more off days together. For the leave days that are not used at the end of the following year or the date when contracts terminate, employers should pay employees wages according to the wage standard of “the year when the leaves are given.”

Two main points sum up this amendment: The first is to adhere the right of employees by stressing “four unchanged rules,” and the second is to give both employers and employees some flexibility by having “four flexible rules.” Four unchanged rules” include “unchanged regular working hours,” “unchanged two off days in a week,"”unchanged total number of overtime hours,” and “unchanged overtime hour wage rate.” Given the real need of employees and industries, “four flexible rules” include “flexible overtime hours,” “flexible shifts,” “flexible intervals between shifts,” and “flexible use of special leaves,” which protects employees’ right and gives corporations some flexibility to run businesses. For more information about employee’s right, career training, and job searching and entrepreneurship, please visit the “Employment: Job Searching and Entrepreneurship Channels You Must Know” on our website.

References:
Ministry of Labor – Labor Standards
https://www.mol.gov.tw/topic/34395/
Labor Affairs Bureau of Kaohsiung City Government – Labor Standards
http://labor.kcg.gov.tw/LaborRights/modifylaw.htm

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