萬國法律事務所

Article 36 of Taiwan’s Labor Law requires that workers are entitled to one day off every seven days. However, as the law does not indicate whether a worker can work twelve consecutive days in a two week period and have the first and fourteenth days off, it has been general practice and the Ministry of the Interior issued a directive in 1986 confirming the legality of making workers labor for twelve consecutive days.

To create a more labor-friendly legal environment, on 29 June 2016, the Ministry of Labor issued a new directive clearly requiring that from 1 August 2016, businesses shall not require employees to work more than six consecutive days in a row without a day off.

Since this new regulation took effect, many businesses, including the transportation and certain special occupations have complained to the Government that the new regulation lacks flexibility and does not reflect the distinctive needs of their business operations.

In response to such complaints, the Ministry of Labor has issued a new supplemental directive, still making it a principle that a worker not be required to work more than six consecutive days, yet allowing the following three exceptions:

1. To facilitate the public need and for convenience, butchery and transportation businesses may be excepted during yearly festivals, memorial days, and other national holidays designated by the Government as vacations,

2. Where the location that the employees work, such as on the seas, in the mountains, or at remote areas, results in transportation being time-consuming,

3. Where the work takes place overseas, on ships, aircraft, at examination preparation closure places, or during power plant annual inspections.

The workers must consent to the above three exceptions before employers can require work for more than six consecutive days and the Ministry of Labor has prepared a consent template form for businesses to use so as to avoid disputes.

The new supplemental directive will affect approximately 4.3 million workers in Taiwan.