12 一月 2018 Taiwan weekly legal update: The latest labor law reforms, adding flexibility to works in shifts
The latest labor law reforms, adding flexibility to works in shifts.
The Legislative Yuan had passed the latest labor law reforms on this Wednesday (10/1/2018), which these changes are focusing on the flexibility of work in shifts and the payment of overtime (OT) and leaves.
The Ministry of Labor described that there are several principles remain untouched, like normal working hours, “Two-days rest per week”, the total amount of OT hours, and payment for OT. But only by adding several flexibilities to adjust the rigid regulations that passed last year. These new reforms are expected to take effect in March.
Regarding the controversial rest period for the workers in shifts. The Ministry described that the rest period between remains 11 hours by principle, but only in the exceptional situations and through collective bargaining, can this rest period be changed into “no less than 8 hours”. (Labor Standards Act §34(2))
Another significant reform is the regulations regarding OT. This new reform of OT revokes the previous “4-hour” mechanism for OT payment. Instead, payment by actual OT hours. [Previous: if one works on his rest pay, he who works for more than 1 hour should be granted for a 4-hour payment of OT, he who works for more than 4 hours should be granted for an 8-hour payment of OT.] Additionally, worker can choose whether he would like to take the OT payment or additional leaves (by OT hours). (§32-1)
Regarding the total amount of OT hours, the Ministry described that the principle of 46 hours per month remains unchanged. But only by exceptional situations and through collective bargaining, and to be approved by the authorities, can the total amount of OT hours in one month be shifted among three months. But the total amount of OT hours in three months shall be limited to 138 hours. (§32-2)
The principle of regular leaves and rest days, the worker shall not work consecutively more than 6 days. Although there is some flexibility to this principle, it is only adaptable to the industries designated by the authorities. (§36(4))
Last, for the annual leaves not finished by the previous year, can be shifted to the next year through bargaining. If the remaining annual leaves still not finished by the end of the second year, wages still have to be paid to the workers. (§32(4))
The Ministry listed several examples for the term of “exceptional situations”.
Factors of Time
1. Industries related to the transportation or activities related to government authorities during the new year holidays, national holidays.
2. Industries related to the public utility regarding the wellbeing of the public during the period of new year holidays or national holidays.
3. LIVE broadcast for special sports events.
1. For works in high mountains, high seas, tunnels and distant areas.
1. Working abroad, on warships, on aviation, in national exams or public utility maintenances.
2. Arrangements depending on the weather conditions, engineering process.
3. Arrangements depending on the weather or maritime condition.
4. The process of film-making, performances or artifacts repairing.
1. Occasional meetings or activities.
But be aware, these labor law reforms are under tremendous controversies that policies may change at any time due to the public opinion. And further details will be released through Interpretations.
Several online tools for foreigner employ.
The Ministry of Labor described there are several online tools: [Foreign Worker Apply], [EZ Work Permit] for employers to apply for foreigners’ working permits. Additionally, the administrative fee can not only pay through post remittance and online paying systems but ATM remittance as well now.
Furthermore, as for the situation of the working permits been revoked by the authority, but the employers who failed to begin with the process of transferring or departure within the prescribed period may subject to violations of laws. Thus, the Ministry provides E-mail notification services for employers from this year. Besides formal letters will be delivered, e-mails will also send to the employers.
Draft articles to identify the illegal incomes gaining from violating the Waste Disposal Act.
The FDA pre-announces the subsidiary regulations regarding the Waste Disposal Act §63-1 (2). For illegal incomes gaining from violating the Act and the amount exceeded the highest statutory fines, the authority could make additional fines through identifying the amount.
The FDA described that this article established several mechanisms to identify the illegal incomes. Including Positive (interests gained from violating the law) and Negative (costs saved from violating the law), data and information permitted critical time and Cooperative Obligations.
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