25 May, 2018
By virtue of the amendment to the LSA on January 31, 2018, the Ministry of Labor promulgated the amended Enforcement Rules of Labor Standard Act on February 27, 2018.
The following are some significant amendments to the Enforcement Rules:
(1) Employers shall publicly announce the implementation of the extension of work hours, the change of rest period between shifts, or the adjustment of regular day-off.
(2) In the event of work hours extension, the “3 month period” referred to in the proviso of Paragraph 2, Article 32 of LSA, where the employee’s maximum work time shall not exceed 138 total hours, shall mean a cycle of 3 consecutive calendar months.
(3) When determining whether an employer employs 30 employees or more, the employees employed by the branch offices or affiliated units of the employer shall also be counted;
(4) For employee whose work time was extended or who works on rest days, the deadline for taking compensatory leave shall be either
(a) the last day of the agreed year mechanism (e.g., anniversary, calendar year or school year, etc.) agreed to between the employer and employee or
(b) December 31 of the then current years.
(5) The unused annual leaves carried forward to the following year that subject to the agreement between the employer and employee must be used first in the following year.
The amended Enforcement Rules became effective on February 27, 2018.
For further information, please contact:
Queenie Chen,Tsar & Tsai Law Firm
law@tsartsai.com.tw
