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Policies & Regulations Amendments to Enforcement Rules of Labor Standards Act Announced June 16, 2017

In compliance with newly stipulated regulations on the five-day work week, the Ministry of Labor issued amendments to the Enforcement Rules of the Labor Standards Act on June 16, 2017. The amendments provide explanations to the principles behind the enabling statutes and supply further clarification. The key points of the current amendments are as follows:

1. Stipulates that employers shall provide the contents and methods of wage calculation.

2. Stipulates the period of time for annual paid leave and the time at which wages for unused annual paid leave is issued at the termination of annual period; the methods for calculating wages for unused annual paid leave are as follows:

(1)Employers shall inform workers to arrange the annual paid leaves within 30 days of workers qualifying for said leave.
(2)Annual paid leave for workers can be calculated according to the annual year (starting from day the worker began employment), calendar year, academic year for those in education, or accounting year of the business unit as agreed upon by both employers and workers, or another year-long period agreed upon by both parties.
(3)At the termination of annual period agreed to by both parties or upon termination of contract, if any unused paid annual leave remains, the employer shall pay the worker their daily wages multiplied by the number of unused annual leave days.
(4)For wages paid for annual leave not taken before the termination of annual period, employers shall pay such wages within 30 days of the pay day originally agreed upon or of the termination of annual period; with regard to wages for annual paid leave not taken upon termination of contract, employers shall pay such wages in accordance with the payment period stipulated in Article 9 of the Enforcement Rules of the Labor Standards Act.

3. When an employer makes an employee work outside of statutory normal working hours or on rest days, the work is considered overtime work.

關鍵字:Annual Paid Leave, Wages, Working Hours

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