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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/21 22:57
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Chapter Law Content

Title: Labor Standards Act CH
Category: Ministry of Labor(勞動部)
Chapter Ⅳ Working Hours, Recess and Holidays
Article 30
The regular working time of workers may not exceed eight hours a day nor 40 hours a week.
With the consent of a labor union, or if there is no labor union in a business entity, with the approval of a labor-management conference, an employer may distribute the regular working hours, referred to in the proceeding paragraph, of any two workdays in every two weeks, to other workdays, provided that no more than two hours shall be distributed to each of the other workdays. However, the total number of working hours shall not exceed forty-eight hours every week.
With the prior consent of the labor union, or if there is no labor union exists in a business entity, with the agreement of a labor-management conference, an employer may distribute the regular working hours, referred to in the Paragraph1, in every eight weeks, provided that the regular working time shall not in excess of eight hours a day and the total number of working hours shall not exceed forty-eight hours every week.
The regulations set forth in the two preceding Paragraphs are only applicable to the business (or industries) designated by the Central Competent Authority.
Employers shall prepare and keep worker attendance records for five years.
The attendance records specified in the preceding Paragraph shall register the attendance of workers on a daily basis to the minute. Employers may not refuse when workers request for duplicates or photocopies of the attendance records.
Employers may not use the amendment to regular working hours of Paragraph 1 as reason for wage deduction.
Employers may, base on the needs of workers to tend to their family members, allow workers the flexibility to adjust their starting and finishing work time of up to one hour of the daily regular working hours specified in Paragraphs 1 to 3 and Article 30-1.
Article 30-1
For businesses (or industries) designated by the Central Competent Authority, upon the consent of its labor union, or if there is no labor union in a business entity, with the approval of a labor-management conference, an employer may change his/her working hours under the following principles:
1. The distribution of regular working hours to other work days in four weeks shall not exceed two hours a day and is not subject to the restrictions referred to in Paragraphs 2 to 4 of the preceding article.
2. When the regular workday is ten hours a day, the overtime work shall not exceed two hours for that particular day.
3. Female workers on night shifts, except for those who are pregnant or are in breastfeeding periods, are not subject to the restrictions referred to in Paragraph 1 of Article 49. However, the employer must provide necessary safety and health facilities.
Businesses (or industries) that are governed by Article 3 (which was amended and took effect on December 27, 1996) are not governed by the preceding paragraph, except for agriculture, forestry, fishery, and pasturage industries referred to in Subparagraph 1 of Paragraph 1.
Article 31
The working hours of a worker operating in a pit or tunnel shall begin from the time of entrance to the pit or tunnel and shall end at the time of departure therefrom.
Article 32
When an employer has a necessity to have his/her employee to perform the work besides regular working hours, he/ she, with the consent of a labor union, or if there is no labor union exists in a business entity, with the approval of a labor-management conference, may extend the working hours.
The extension of working hours referred to in the preceding paragraph, combined with the regular working hours shall not exceed twelve hours a day; the total number of overtime shall not exceed forty-six hours a month; however, the extension of working hours, with the consent of a labor union, or if there is no labor union exists in a business entity, with the approval of a labor-management conference, shall not exceed fifty-four hours a month and one hundred and thirty-eight hours every three months.
When an employer having more than thirty employees needs to have his/her employee to perform work referred to in the preceding paragraph, he/she shall report it to the local competent authority for record.
Due to the occurrence of an act of God, an accident, or an unexpected event and when an employer has a necessity to have his/her employee to perform the work besides regular working hours, may extend the working hours. However, the employer shall notify the labor union within twenty-four hours after the beginning of the extension. If there is no labor union, shall report it to the local competent authority for record. Subsequent to the over time, the employer shall offer worker suitable time off.
Except for supervisory duties or in any of the situations referred to in the preceding paragraph, the working hours of a worker in a pit or tunnel shall not be extended.
Article 32-1
When an employer extends the work according to Paragraphs 1 and 2 of Article 32 or requests the worker to perform work on rest days as prescribed in Article 36, the employer shall calculate the hours of compensatory leave based on the hours of work performed, as the worker chooses to take compensatory leave with the consent of the employer.
The period of the compensatory leave referred to in the preceding paragraph shall be agreed on by the employer and the worker; should compensatory leaves not be used by workers upon the expiration of the compensatory leaves or the termination of the contracts, wages shall be paid based on the day when working hours are extended or the rest day when the worker performs work; employers failing to pay the said wages will be punished for violating the provisions of Article 24.
Article 33
Where the living convenience of the public or other special cause necessitates the adjustment of regular working hours and overtime hours for business (or industries) under Article 3 other than manufacturing and mining in a manner not contemplated in Articles 30 and 32, the local competent authorities, may if necessary, by order permit such adjustment after having consulted both the competent authority with jurisdiction over the business (or industries) and the labor union.
Article 34
If a rotation system is adopted, workers on such shifts shall be rotated on a weekly basis except as otherwise consented to by the worker.
Workers who are on rotation in accordance with the preceding paragraph shall be granted a rest period of at least eleven hours continually; however, due to the characteristic of work or special cause, a rest period of at least eight continuous hours shall be granted after the Central Regulatory Authority with jurisdiction over the business (or industries) has reviewed with the Central Competent Authority.
The change in the rest period referred to in the preceding paragraph shall be made with the consent of a labor union, or if there is no labor union exists in a business entity, with the approval of a labor-management conference. When an employer has more than thirty employees, he/she shall report it to the local competent authority for record.
Article 35
A worker shall be permitted to have a break for at least thirty minutes after having worked for four continuous hours; provided, however, that such break may be rescheduled by the employer to be taken within other working hours if a rotation system is adopted or work of a continuous or urgent nature is involved.
Article 36
A worker shall have two regular days off every seven days. One day is a regular leave and the other one is a rest day.
An employer shall not be subject to the restrictions of the preceding paragraph if one of the following conditions exists:
1. According to Paragraph 2 of Article 30, workers who adjust their regular working hours shall have a minimum of one day of regular leave every seven days and a minimum of four days' rest every two weeks consisting of the combined regular leaves and rest days.
2. According to Paragraph 3 of Article 30, workers who adjust their regular working hours shall have a minimum of one day of regular leave every seven days and a minimum of sixteen days' rest every eight weeks consisting of the combined regular leaves and rest days.
3. According to Article 30-1, workers who adjust their regular working hours shall have a minimum of two days of regular leaves every fourteen days and a minimum of eight days' rest every four weeks consisting of the combined regular leaves and rest days.
When an employer needs his/her employee to perform the work in addition to regular working hours, it shall be added based on Paragraph 2 of Article 32 of the total of extension of working hours. However, if there is an act of God, an accident, or an unexpected event and an employer needs his/her employee to work in addition to regular working hours, then the working hours are not subject to the restrictions of Paragraph 2 of Article 32.
An employer may adjust the regular leave referred to in Paragraph 1 and Sub-paragraphs 1 and 2, Paragraph 2 every seven days with the consent of the Central Regulatory Authority with jurisdiction over the business (or industries) designated by the Central Competent Authority.
The regular leave referred to in the preceding paragraph shall be adjusted with the consent of a labor union, or if there is no labor union exists in a business entity, with the approval of a labor-management conference. When an employer has more than thirty employees, he/she shall report it to the local competent authority for record.
Article 37
Leaves shall be granted for national holidays, holidays, and Labor Day which are designated as holidays by the Ministry of the Interior and holidays designated by other Central Competent Authority.
The provisions of the preceding paragraph, which was amended on December 6, 2016, shall take effect on January 1, 2017.
Article 38
A worker who has worked continually for the same employer or business entity for a certain period of time shall be granted annual paid leaves on an annual basis based on the following conditions:
1. Three days for service of six months or more but less than one year.
2. Seven days for service of one year or more but less than two years.
3. Ten days for service of two years or more but less than three years.
4. Fourteen days for service of three years or more but less than five years.
5. Fifteen days for service of five years or more but less than ten years.
6. One additional day for each year of service over ten years up to a maximum of thirty days.
Annual paid leaves from the preceding paragraph are to be arranged by workers. The employer, however, in the light of urgent needs of the business operation or personal factors of workers, may consult and make adjustments with workers.
The employer shall inform the worker to arrange the annual paid leaves of the preceding two paragraphs when the employee meets the conditions for the annual paid leaves under Paragraph One.
Wages must be paid for annual paid leaves not used by workers because of the termination of annual or termination of contracts. For unused annual paid leaves extended until the following year according to the agreement reached by employers and workers, wages must be paid for those not used by workers at the end of the following year or upon the termination of contracts.
The employer shall record the dates of annual paid leaves of workers and the total amount of the wages paid for annual paid leaves have not been taken in the worker payroll roster designated in Article 23 and shall inform the worker in writing every year on a regular basis.
In the case of a claim of rights by workers under this Article, the employer shall bear the burden of proof if the employer considers that the workers’ rights do not exist.
Article 39
Wages shall be paid by an employer to a worker for taking leaves for regular leaves and rest days as stipulated by Article 36, for holidays as stipulated under Article 37, and annual paid leaves as stipulated by Article 38. When an employer has obtained the consent of a worker to work on a holiday, the employer shall pay the worker at double the regular rate for such work. This shall also apply when, with the consent of the worker or the labor union, the worker is required to work to meet seasonal needs.
Article 40
An employer may require workers to suspend all leaves of absence referred to in Articles 36 to 38, if an act of God, an accident or unexpected event requires continuance of work; provided, however, that the worker concerned shall receive wages at double the regular rate for work during the suspended leave, and then also be granted leave to make up for the suspended leave of absence.
In respect of the suspended leaves of absence referred to in the preceding paragraph, the employer shall, within twenty-four hours after the end off suspension, file a report stating details and reasons with the local competent authorities for the approval and record of the suspension.
Article 41
If it is deemed necessary by the local competent authorities, the annual paid leave of workers in public utilities referred to in Article 38 may be suspended, for which the employer shall pay wages at double the regular rate.
Article 42
An employer shall not compel a worker to accept work beyond regular working hours if the worker is unable to do so on account of poor health or other proper reasons.
Article 43
A worker may take time off for wedding, funeral, sickness or other proper causes. The duration of such leave and the wage standards for leaves other than unspecified casual leave shall be prescribed by the Central Competent Authority.
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