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About overtime pay A boss texts message to an employee after work

  Taking advantage of the internet and tendencies for everyone to use mobile devices, the boss can easily communicate with employees on their days off. Chen Hsin-Yu, director of the Department of Labor (DOL), of the Taipei City Government has expressed that if the worker can present a proof of assigned business by the boss, such as communication from screen shots, or emails, this would be considered as overtime demanded by the employee. In accordance with the law, overtime is counted on a work-hours bases. Any employer in violation of it will be fined from NT$20,000 to NT$1,000,000.
  
  
Director Chen pointed out that due to industrial changes, diverse economic activities have increased the trend toward working outside the office. This model is different from the traditional one in which employees work at the employer’s facilities or a designated workplace. For the business unit’s reference, the recognition of work hours and time sheets are stipulated in “the guidelines for workers to claim pay for overtime outside the office” enacted by the DOL.
  
  An employer who assigns work to off-work employees has to act in accordance with the law and list the attached overtime sheet based on the overtime hours, added Director Chen. Otherwise the employer shall be fined NT$90,000NT to NT$450,000. If the worker completes work at home or outside the office, the work date and work hours will be counted into credited workdays of the employee. The overtime cannot exceed 12 hours in a day or 46 hours per month. By law, the overtime shall be paid to the employee.

  It is important to note that working 6 days in a row is against the regulation of “one day is regular leave and the other is a rest day”. Director Chen has urged employers pay attention to this issue to avoid a labor-management dispute. If anyone has any questions, please contact us at our 24-hour Hotline #1999 for further information.