萬國法律事務所

There is a recent development on the debatable issue of the working hours for the employees who are exempted from general restrictions under the Labor Standard Acts (“Exempted Employees”). Recently, the Council of Labor Affairs (“CLA”) announced that the system of the Exempted Employee under the Article 84-1 of the Labor Standard Act (“LSA”) will remain, but the scope of the applicable employment types for the Exempted Employees will be largely reduced.

Under the current Article 84-1 of the LSA, it is only applicable to supervisory, administrative workers, professional workers with designated responsibility, workers conducting monitoring or intermittent jobs; and CLA also approved employees of 37 types of job to be qualified as Exempted Employees. The working hours, regular days off, national holidays, and female workers’ night work prescribed under the LSA do not apply to the Exempted Employees. However, in consideration of the increasing cases of Karoshi (death caused by overwork), the CLA expects to amend Article 84-1 of the Labor Standard Act in the following respects:

1. the prior consent of the labor union or the labor-employer meeting is required for the application of the Exempted Employees;

2. double salary payment or additional day-off shall be paid/given to the Exempted Employees if they were required to work during national holidays;

3. without the consent of the labor union or the labor-employer meeting, the female workers shall not work after 10 pm; and

4. the pregnant female worker shall not work after 10 pm under any circumstances.