The government passed amendments regarding the five-day workweek with one fixed day and one flexible day off and implemented them with immediate effect, believing the new system would benefit the nation.
According to opinion polls, more than half of the public think the amendments were the worst-handled of all revisions to civil law in the past year. People are not as impressed with the changes as legislators had hoped and many have a very unfavorable impression of them.
From a legislative point of view, the way these changes were handled seems to have misread the effect they were to have on economic and societal development, and have run counter to the principle of maintaining order and law.
Legislation needs to address the interests of all and to take into account short-term, medium-term and long-term objectives. Lawmakers should consider a bill’s potential effect on the economy and society as a whole and the ability to enforce it.
However, the case of the Labor Standards Act (勞動基準法) amendments and the introduction of a five-day workweek, overtime pay for working on a rest day has increased almost threefold, and stipulating that four hours’ overtime pay is to be given for each period of extra hours worked of up to four hours, and eight hours’ for additional work between four hours and eight hours, has increased the cost of overtime significantly.
These costs will be passed on to customers through service and product costs, adding inflationary pressure to the economy.
The law must operate smoothly, and order and structure are fundamental to its proper function. Any amendments introduced by legislators must take into account existing laws and the nature of the changes must be compatible with the overall legal framework, such that the new legislation does not contradict or impede laws already in place.
The Ministry of Labor initially adjusted the number of national holidays from 19 to 12 and revised the Enforcement Rules of the Labor Standards Act (勞動基準法施行細則). However, when the amendments to the enforcement rules were submitted to the legislature for review, they were returned to the ministry.
Seven months passed between the invalidation of the original amendments and the development of new ones, and during this period, with a multitude of labor groups protesting inside and outside the legislature, all possibility of rational debate was lost.
Social relations need a certain degree of law and order to develop. If new legal structures are required because of a change in circumstances, those drafting the legislation have to adopt measures to ensure that existing rights are protected so that any unnecessary conflicts can be avoided.
However, the amendments to the Labor Standards Act did not include any transitional provisions. The announcement and consultation periods do not actually constitute legal authorization.
When laws are amended, it is important that the public does not start to question the process and that the majority of people support and approve of the change, otherwise the law will not be able to function properly.
Legislators would do well to remember this.
Lo Chuan-hsien is an adjunct professor of law at Central Police University and a former director-general of the Legislative Yuan’s Legislative Bureau.
Translated by Lin Lee-kai
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