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Article 84-1 of Labor Standards Act is adapted to the supervisor who earns more than NT$150,000 per month

       The Ministry of Labor proclaimed on May 22, 2019 that from the next day, May 23, the supervisor whose monthly salary is above NT$150,000 shall adapt to Article 84-1 of the Labor Standards Act (hereafter known as LSA). The preceding Article is known as the application of Exempt employee system (hereafter called as exempt employee). This allows the employer and senior white collar employees more flexible arrangements for working hours, regular days-off, national holidays and female-workers’ night shifts.

       A white collar supervisor with a high salary who adapts to the regulation of exempt employee shall meet two requirements. First, he or she shall be employed as the supervisor to be in charge of the business running and managing work as well as be authorized to decide the employments of general workers, their dismissals or labor conditions. Second, his or her monthly salary (base salary excluding the overtime pay, bonuses and dividends) is above NT$150,000.

       An employee, whose monthly salary is up to NT$150,000, but is not working in a supervisory or managing post; such as, a small supervisor or an engineer, he or she cannot be regarded as the exempt employee which is prescribed in Article 84-1. An employee who meets the needs of both requirements and is submitted to the local competent authority in a given month, but in the following month only one of the preceding requirements is met, it cannot be considered as the exempt employee prescribed in Article 84-1. A non-exempt employee has to comply with the working hours regulations which is prescribed in our active LSA, in which the regulation prescribes that normal working hours of an employee cannot be in excess of 8 hours per day, 40 hours per week. And, the normal working hours plus the overtime working hours cannot exceed 12 hours per day. The employee is supposed to have 2 days off out of every 7 working days. One is for a holiday off and the other is for a rest day. Without the agreement through the Labor-Management Meeting, an employer cannot arrange for a female employee to work during the hours from 10 pm to the following 6 am.

       According to Article 84-1 of LSA, the working time is exempted from the limitation regulated in Article 30, but that does not include the regulation of attendance records prescribed in Paragraph 5 of Article 30. As to the exempt employee, the employer still needs to keep their attendance records for five years. And a valid exempt employee shall be in agreement through the labor-management sides, which shall be submitted to the local competent authority for approval.

       Different from previous regulations based on workers in various fields, this time the announcement by the Ministry of Labor focuses on the exempt employee, whose monthly salary is above NT$150,000. Before the evaluation guidance for the working hours of these kinds of workers is released, we, Taipei City Government, will consider the nature of the work of the employees and their working patterns as a reference for the practical examination for each case, when reviewing the agreement. If necessary, we will invite the business unit to give an explanation or we will consult with an accountant or a doctor for their suggestions.

       For any further questions, please contact the Occupational Safety and Health Division of the Department of Labor, Taipei City Government at 1999. Outside Taipei, please dial 02-2720-8889, ext. 7506 and 7022.

High paid supervisor adapts to the regulation of exempt employee
High paid supervisor adapts to the regulation of exempt employee
Salary
  1. Regularly paid more than NT$150,000 per month
  2. Bonuses, dividends and annual bonuses excluded
Position Supervisor
Definition of Supervisor
  1. An Employee
  2. In charge of business running and managing work
  3. Having the power of making a decision on employments of general workers, their dismissals or working conditions
Working hours and days-off
  1. be exempted from some limitations regulated in Labor Standards Act
  2. Agreed through labor-management sides and submitted to the local competent authority for approval
Implementation Date May 23, 2019