The “one fixed day off and one flexible rest day” policy has been initiated – business entities shall review the amended working regulations
According to Article 70 of the Labor Standards Act (LSA), an institution with 30 or more employees shall enact working regulations in accordance with the law, which is required to be publicly disclosed after the approval of the competent authority. An amendment to the LSA was passed on December 23, 2016 and the “one fixed day off and one flexible rest day” policy was formally initiated. The relevant regulations of national holidays and special days off have been adjusted since January 1, 2017. The working regulations stipulated by business entities are subject to meet the needs of the amendment of the LSA to avoid business entities from breaching the law, as well as to ensure the rights and interests of employers and workers. The following are working regulations which should be amended:
1. Salary details
According to Article 23 of the LSA, employers on the payroll day are expected to offer employees the calculated details for every item of the wages.
2. Overtime pay: According to Article 36 of the LSA,employees are entitled to an overtime pay for working on their days off. For the first two hours, the hourly overtime rate is 1 + (1X1/3), and for more than two hours the hourly overtime rate is 1 + (1X2/3), The calculations of working time and wages on the days off are as follows: Overtime within four hours is counted as four hours for pay purposes, four to eight hours counted as eight and eight to twelve hours counted as twelve. In addition provided that the employees agree to be on duty on their days off, their overtime work should be counted into the total amount of overtime hours (46 hours).
3. One fixed day off and one flexible rest day policy: The amendment to Article 36 stipulates that employees must be granted two days off within the seven day work week, one “official holiday” and one “rest day.”
4. Adjustments for national holidays: According to Article 37 of the LSA, leaves shall be granted for national holidays, festivals and the Labor Day, designated by the Ministry of the Interior and other holidays designated as a “rest day” by a competent authority.
5. Conditions and amount of days off for special leaves: According to Article 38 of the LSA, an employee who has worked for the same employer or business entity for a certain period of time shall be granted the following:
(1) Three days of annual leave for an employee who has worked for more than six months but less than one year.
(2) Seven days of annual leave for an employee who has worked for one year or more but less than two years.
(3) Ten days of annual leave for an employee who has worked for two years or more but less than three years.
(4) Fourteen days of annual leave for an employee who has worked for three years or more but less than five years.
(5) Fifteen days of annual leave for an employee who has worked for five years or more but less than ten years.
(6) An additional day of annual leave for every additional year for an employee who has worked for more than ten years, up to a maximum of thirty days of additional leave.
This amendment was not only meant to broaden the threshold of special leaves but also increase the number of special leaves days for workers. Moreover, the special leaves will be scheduled by workers themselves not by negotiations between employers and workers as usual. Employers can’t stipulate their workers to arrange their whole schedule in advance or limit their workers to take days off on the employer’s designated dates. As to those special leaves which have not been completed before the end of the financial year or in prior to the termination of the contract, no matter the reason why, the employers are required to pay out the wages to their workers. In the past, most companies calculated worker’s special leaves based on the “calendar year system”, but according to the new regulation the “calendar week system” is applied instead, meaning special leaves will be calculated from the date that the worker starts. To avoid breaching the law, the calculation of relevant special leaves is supposed to be equivalent or superior to that of the LSA.
Once realizing the key points of this amendment, the business entity is supposed to review the relevant contents of the working regulations as soon as possible. Provided that the rules are not in accordance with the recent law, the rules should be enacted and submitted for the approval of the competent authority. The declaration of work regulations can be applied in a written statement or made on line at http://bola.gov.taipei(Chinese website). The URL is http://bola.gov.taipei/ enterprise service(企業服務)/ working regulations(工作規則)/ Taipei e-services online(臺北市民e點通)/ file download(檔案下載).
For those with more than 30 workers that haven’t completed and declared the working regulations, they are urged to complete the enacting of the working regulations. For any who breaches the law, a fine of more than NT$20,000 but less than NT$300,000 will be imposed, according to Article 79 of the LSA. And based on Article 80 paragraph 1 of the LSA, the names of the business entity and the boss will be promulgated, and followed up by a deadline for improvement. If the improvement is not made by the deadline, another fine will be imposed. For business entity’s reference and download, the Ministry of Labor is supplying “the working regulation guide book” at http://bola.gov.taipei(Chinese website). The URL is http://bola.gov.taipei/ enterprise service(企業服務)/ working regulations(工作規則)/ Taipei e services online(臺北市民e點通)/ file download(檔案下載).