Wed, Nov 01, 2017 - Page 1 News List

Ministry proposes labor act revision

Staff writer, with CNA

Ministry of Labor Chief Secretary Chen Ming-jen, right, and Hsieh Chien-chien, Director of the Ministry’s Department of Labor Standards and Equal Employment, explain the Ministry’s draft amendments to the Labor Standards Act yesterday in Taipei.

Photo: Lee Ya-wen, Taipei Times

The Ministry of Labor yesterday released draft amendments to the Labor Standards Act (勞動基準法), saying that the public has seven days to offer suggestions and opinions.

Ministry Chief Secretary Chen Ming-jen (陳明仁) said it has made five major draft revisions to the act, which was amended last year, but has caused dissatisfaction among both employees and employers.

Two of the major revisions involve the one mandatory day off and one flexible rest day per week requirement, as well as a rule that bars employees from working more than six consecutive days.

The draft amendments would allow employees to work 12 days in a row if they take one mandatory day off at either end of the period.

The ministry has also drafted two sets of revisions regarding overtime.

The first proposes increasing the maximum number of overtime hours per month from 46 to 54, while the second would allow up to 54 overtime hours per month, with a cap of 138 hours over three months.

Daily work shifts are also being addressed with two sets of revisions, which propose mandating a break of least 11 hours between eight-hour work shifts, or allowing employers to decide on a “proper period” with the consent of workers or labor unions.

In either case, the rest period between shifts should be no less than eight hours, the draft amendment says.

It also addresses the issue of overtime pay on flexible days, saying that such compensation must be calculated based on the actual amount of time worked, rather than on blocks of four or eight hours, as it is now.

Another significant issue is the regulation on paid annual vacation, which does not allow employees to carry over unused vacation days from one calendar year to the next.

The ministry proposed allowing deferment for one year, after which workers could either take the accumulated vacation days or opt to be paid for them.

Chen said the aim of the draft revisions is to better meet the needs of the public, boost economic development and establish a flexible labor system that would guarantee the rights of workers.

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