17 April, 2018
On January 11th, 2018, the Legislative Yuan passed amendments to the Labor Standards Act, which were promulgated by the President’s Order on January 31st, 2018. Highlights of the amendment include:
(1) if employee works on the flexible rest day, the overtime pay shall be made based on the employee’s actual working hours;
(2) employer may adjust and extend employee’s maximum overtime work hours to 54 hours in a month within a three month cycle, provided that the consent of the labor union is obtained (or the Labor-Management Meeting if there is no labor union), and that the total overtime work hours within such three month period does not exceed 138 hours;
(3) employee may choose compensatory leaves with the approval of employer when there is overtime work or work on the flexible rest day;
(4) employer may adjust employee’s rest period to a minimum of 8 continuous hours upon obtaining the consent of the labor union (or the Labor-Management Meeting if there is no labor union);
(5) employer and employee in a qualified business sector designated by the Ministry of Labor may mutually agree to adjust the mandatory day off to be on any day within a seven day cycle, provided that such adjusgment is approved by the relevant competent authority and the labor union (or the Labor-Management Meeting if there is no labor union); and
(6) employee’s unused annual leave may be deferred to the following year by mutual agreement by employer and employee. The new amendment became effective on March 1, 2018.
For further information, please contact:
Luke Lee, Tsar & Tsai Law Firm
law@tsartsai.com.tw
