No Support JavaScript

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

Print Time:2024/11/22 03:39
:::

Chapter Law Content

Chapter Ⅳ Working Hours, Recess and Holidays
Article 17
If the regular working hours mentioned in Article 30 of the Act exceed two calendar days, the working hours shall be combined for calculation purposes.
Article 18
If the working hours of a worker cannot be readily calculated owing to special errands or other reasons requiring him to attend to work outside the workplace, his/her working hours shall be deemed to be his regular working hours. This shall not apply, however, where his actual working hours have been proven.
Article 19
When a worker works in different worksites belonging to the same business entity or the same employer, the working hours in each of such worksites shall be added together, including necessary transportation time between the sites.
Article 20
In any of the following situations, an employer shall give public notice immediately:
1.Reschedule regular working hours in accordance with Paragraphs 2 to 3 of Article 30 or Subparagraph 1 of Paragraph 1 of Article 30-1 of the Act.
2.Extend working hours in accordance with Subparagraph 2 of Paragraph 1 of Article 30-1 or Paragraphs 1, 2 and 4 of Article 32 of the Act.
3.Reschedule rest periods at the time of shift changes in accordance with Paragraph 2 of Article 34 of the Act.
4.Adjust regular leaves or rest days in accordance with Paragraph 2 or 4 of Article 36 of the Act.
Article 20-1
The term “overtime” referred to in the Act shall mean the following:
1. The Part of working hours that exceeds eight hours per day or the part of working hours that exceeds a total of forty hours every week. But if the working hours have been rescheduled pursuant to Paragraphs 2 to 3 of Article 30, or Subparagraph 1 of Paragraph 1 of Article 30-1 of the Act, it shall mean the part of working hours that exceeds the rescheduled hours.
2. When workers work on rest days as prescribed in Article 36 of this Act.
Article 21
The attendance record set out in Paragraph 5 of Article 30 in the Act includes check-in book, attendance card, card machine, access card, biometric identification system, electronic attendance record system or other recording tools that can verify the attendance record.
The preceding attendance record shall be made available in writing by the employer for the purpose of labor inspection or upon worker application.
Article 22
Every three months mentioned in Paragraph 2 of Article 32 of the Act shall refer to every three consecutive calendar months based on the start/end date agreed on between employers and workers.
The scope of the supervisory work of pit operations mentioned in Paragraph 5 of Article 32 of the Act is:
1.Supervision of pumping machines,
2.Supervision of wind pressure machines or cooling equipment,
3.Supervision of safety and alarming equipment, and
4.Supervision and the recording of production and construction work.
Article 22-1
The number of workers employed by an employer mentioned in Paragraph 3 of Article 32, Paragraph 3 of Article 34, and Paragraph 5 of Article 36 of the Act shall be calculated based on the number of workers employed by the same employer in accordance with the Act, including those from branches.
The local competent authority mentioned in Paragraph 3 of Article 32, Paragraph 3 of Article 34, and Paragraph 5 of Article 36 of the Act shall refer to the municipal government or county (city) government with jurisdiction over the location of its principal office or principal place of business, or official office of an employer.
The report for record mentioned in Paragraph 3 of Article 32, Paragraph3 of Article 34, and Paragraph 5 of Article 36 of the Act shall be made by an employer no later than the day prior to the extension of working hours, the change in rest periods or the adjustment in regular leaves; however, if an employer fails to report within the said time limit due to the occurrence of an act of God, an accident, or an unexpected event, he/she shall state therein the reasons within twenty-four hours after the cause has ceased.
Article 22-2
The compensatory leave mentioned in Article 32-1 of the Act shall be taken based on the sequence of the extension of working hours or work on rest days. If the period of the compensatory leave exceeds the end date of the agreed year mentioned in Paragraph 2 of Article 24, the said end date shall be taken as the end date of the period.
At the expiration of the period of the compensatory leave referred to in the preceding paragraph or termination of contracts, the period of wages paid shall be as follows:
1.Expiration of the period of the compensatory leave: Wages shall be paid on the payment date agreed on in the contract or within 30 days after the expiration of the period of the compensatory leave.
2.Termination of contracts: Wages shall be paid in accordance with the provision of Article 9.
When workers claim rights in accordance with Article 32-1 of the Act, the employer shall be responsible for the burden of proof if considering the rights non-existent.
Article 22-3
Days off mentioned in Paragraph 1 and Sub-paragraphs 1 and 2, Paragraph 2 of Article 36 of the Act shall be calculated every seven calendar days. Except for adjustments made in accordance with Paragraphs 4 and 5 of Article 36, an employer shall not have workers work for more than six consecutive days.
Article 23
(Deleted)
Article 23-1
When the holidays mentioned in Article 37 of this Act fall on regular holidays or rest days, a deferred day off will be granted. However, leaves granted which are specified in Article 37 of this Act shall not be included.
The deferred day off mentioned in the preceding paragraph is to be made by consultation between employers and employees.
Article 24
When a worker meets the annual paid leave conditions set forth in Paragraph 1 of Article 38 of this Act, he/she shall be entitled to the right of annual paid leave; the years of working for calculating the annual paid leave shall be in accordance with the provisions in Article 5.
Annual paid leave shall be exercised during the consultation period between the employers and employees on the basis of the number of days of annual paid leave granted in accordance with the provisions in Paragraph 1 of Article 38 of this Act:
1. From the date of employment, with each year calculated as one period. For those who have worked for a period of six months or more but less than one year, their rights to obtain annual paid leave can only be counted from the last six months.
2. An yearly period refers to from January 1 to December 31 each year.
3. The academic year of educational institutions, the accounting year of business entities, or the period agreed upon between employers and employees.
In the matter of informing workers to arrange annual paid leave in accordance with the provisions in Paragraph 3 of Article 38 of this Act, it shall be implemented by the employer within 30 days from the date on which the worker meets the annual paid leave conditions.
Article 24-1
The end of the year set forth in Paragraph 4 of Article 38 in this Act refers to the expiry date of the period mentioned in Paragraph 2 of the preceding Article.
Wages to be paid by the employers in accordance with the provisions stipulated in Paragraph 4 of Article 38 of this Act shall observe the following rules:
1. The basis for the payment of wages:
(1) Multiplying the daily wages by the number of remaining days of annual paid leave.
(2) Daily wages mentioned in the preceding subparagraph denotes the wages of normal working hours obtained by the workers on the day before the annual ending of annual paid leave or before contract termination. For wages calculated on a monthly period, daily wages denote the wages of normal working hours obtained by the workers during the last month before the annual ending of paid leave or before contact termination, and divide this monthly wage by thirty.
(3) If employers and workers agree to defer days off until the following year in accordance with Paragraph 4, Article 38 of the Act, wages shall be paid for annual paid leave at the end of the year.
2. Period of wages paid:
(1) The end of the year: paid on the date prescribed in the contract or within thirty days after the end of the year.
(2) Contract termination: paid in accordance with Article 9.
If employers and workers agree to defer days off until the following year in accordance with Paragraph 4, Article 38 of the Act, the number of the said annual paid leave shall be deducted first from annual paid leave taken in the following year.
Article 24-2
The written notice issued on a regular annual basisas prescribed in Paragraph 5 of Article 38 of this Act shall be handled in accordance with the following rules:
1. It shall be issued by the employer before the expiry of the period specified in Paragraph 2 (2) of the preceding Article.
2. The written notice shall be made by paper, electronic transmission means or other ways that allows the workers to obtain and print at any time.
Article 24-3
The leave days and holidays specified in Article 39 of this Act shall refer to regular leave days and holidays prescribed in the provisions of Article 37 and the allowed annual paid leave specified in the provisions of Article 38.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)