2018-01-15

Amended Labor Standards Act

An amendment draft of the Labor Standards Act was approved by Taiwan's Legislative Yuan and will become effective on 1 March 2018. The amendment contains the following points:

1. The time and wage computation on rest days will be calculated on the basis of actual work hours.

2. The total number of overtime cannot exceed 54 hours per month and 138 hours every three months period.

3. With the employer's consent, workers may choose to transfer overtime worked to take days off rather than receive overtime wages. Wages must be paid per the overtime rate when days off are not used by workers before the agreed upon period or the date on which their contracts are terminated.

4. The rest period for workers who are designated and publicly announced by the Central Authority and who are on shift rotations, may be changed with the consent of a labor union, or if there is no labor union, with the approval of a labor-management conference; however, a rest period must be at least eight consecutive hours.

5. The original Labor Standards Act provided that a worker shall have two regular days off every seven days (one day a regular leave and the other one is a rest day). With the amendment, the regular leave of workers designated and publicly announced by the Central Authority may be adjusted with the consent of a labor union, or if there is no labor union, with the approval of a labor-management conference.

6. Annual paid leaves not used by workers due to the year ending may be sequentially deferred to the next year with an agreement between the worker and the employer.
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