25 September, 2017
The six items in the Common Principles are generally summarized below. When issuing a fine pursuant to Paragraph 2 of Article 80-1 of LSA, the factors to be considered, in addition to the number of aggrieved employees involved the violation, the number of prior violations and the unpaid amount of the violation, should include the degree of culpability of the violation, the impact resulted therefrom, the benefits the violating entity gained, and the entity’s financial strength, etc.
Also, the size of the businesses that the MOL may base to increase the fine by 50% above the maximum amount of the legal fine under Paragraph 4 of Article 79 of the LSA should include the employees of branch and subsidiary unites of the violated entities at the time of the violation.
The labor authorities shall consider imposing fines under Article 15 and 16 of the Administrative Penalty Act against a director or other legal representatives of the entity as against the entity in the event that “the director or other legal representative acts intentionally or negligently in the performance of his/her duty or for the benefit of the entity which results in a punishable violation and fine against the entity”, or that “the employees, workers or business personnel of the entity causes a violation and fines against the entity in the performance of his/her duties or for the benefit of the entity and fails to perform his/her duties to prevent such occurrance”.
For further information, please contact:
C. Y. Huang, Partner, Tsar & Tsai Law Firm
CYHuang@TsarTsai.com.tw
