萬國法律事務所

Pursuant to the Labor Standards Law, overtime hours combined with regular working hours shall not exceed 12 hours a day; and the total of overtime hours shall not exceed 46 hours in a month. Otherwise, the employer can be fined an amount of between NTD 20,000 to NT$ 300,000. However, there was dispute as to whether an employer should be fined once or twice where an employee’s total number of overtime exceeded 46 hours a month for two consecutive months.

The Council of Labor Affairs (CLA) issued an interpretation in September 2013, determining that the number of fines imposed would be decided by the period set in the Labor Standards Law. For example, where two employees were found working overtime in excess of 46 hours in a month for two consecutive months, the violation should be deemed to be 4 illegal acts of the employer. As such, the local government could fine the employer four times. Although local governments have discretion, CLA suggested that the local government fines the employers in compliance with the principle of proportionality.