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Taipei City Government begins to assist business entities in implementing “five-day work week with one fixed day off and one flexible rest day”

New amendments to Labor Standards Act were passed in the Legislative Yuan on December 6th 2016, and President Tsai Ing-wen signed it into law on December 21st. Apart from Article 34 (rotation system), which the date of enforcement would be set by the Executive Yuan, and Article 37 (national holidays) and Article 38 (annual leave), both of which will take effect on January 1, 2017, all other articles, including Article 23 (worker payroll roster), Article 24 (overtime wage), Article 30-1 (change of working hours), Article 36 (five-day work week), Article 39 (work on holiday), Article 74 (filing complaints) and Article 79 (fines) shall take effect today (December 23rd).

The Labor Department at the Taipei City Government reminds the employers that for those workers who have worked five days a week prior to today (December 23rd), when they work on the first rest day or fixed holiday, the employers should pay the overtime wage stipulated in the newly amended Article 24. Moreover, the armament to national holiday will take effect on January 1 2017, and therefore the workers are entitled to one-day paid leave on December 25th 2016 (Constitution Day). Since December 25th 2016 happens to be a Sunday, if it is a rest day or a fixed holiday, the employers should allow the employees to take one day off, and the date should be agreed by both parties. For those business entities, in which employees work in shifts, the employers should negotiate with the employees to swap the workdays. We suggest that the business entities should announce the adjusted roster in advance to avoid any dispute.

The new amendments have a huge impact on the employees’ right and the employers’ responsibility, and therefore the Labor Department at the Taipei City Government has taken the following measures to assist both parties.
1. A special section of “new amendments to Labor Standards Act” is added to our official website, offering the frequent Q&As, the newly adjusted self-check list and the most updated legal interpretations.

2. We offer consultation over the phone on 1999 Hotline or in person at the service desk at the Labor Department at the Taipei City Government.

3. Several illustration meetings on the labor law and improving the relations between employers and employees will be held for business entities as well as the general public.

4. We will invite the employers’ associations such as General Chamber of Commerce and the workers’ representatives such as the Confederation of Trade Unions for a seminar on the new amendments to Labor Standards Act in order to facilitate the communication.

5. We deal with complaints filed by workers and carry out labor inspection on specific incidents in order to protect workers’ right.

The Labor Department at the Taipei City Government emphasizes that we will continue collecting evidence of the problems resulted in the new amendments and the difficulties in the execution. Furthermore, we will compile our findings and submit the report to the Ministry of Labor for future reference in the hope of reducing disputes between employers and employees after the new law takes effect.

  • Hit: 332
  • Updated: 2017/2/23 11:16
  • Reviewed: 2017/2/23 11:15

  • Source: Department of Labor, Taipei City Government