Saturday Nov. 29 is polling day in elections for local government officials, and the Ministry of Labor says that according to the Labor Standards Act workers who are eligible to vote may have one day off work on that day with their salary paid.
The ministry explains that a polling day for the election or recall of public officials is classified as a designated holiday in accordance with the terms of Article 37 of the Labor Standards Act and Article 23 of the Enforcement Rules of the Labor Standards Act. All workers who are entitled to vote and are supposed to work on such a day should have one day off work and be paid their salary as normal. Those who would not have had to work on that day cannot claim a compensatory holiday in respect of it. The above-mentioned holiday of “one day” means a continuous period of 24 hours from 12 midnight to 12 midnight. Since the right to vote can only be exercised on polling day, it is different in nature from ordinary national holidays in that it cannot be swapped with other working days. On condition that doing so does not obstruct workers from voting, employers may seek workers’ agreement for them to work on a polling day, but they should be paid double the normal rate for the time they work.
The Ministry of Labor reminds the public that an employer who fails to give an employee a day off or pay him or her according to the regulations will be subject to a fine of up to NT$300,000 and must also pay any wages that were not paid. Workers whose rights are infringed upon may uphold their rights by appealing to the local labor administrative authorities, ie the labor department or bureau of the county or city concerned.
(Provided by the Ministry of Labor, translated by Julian Clegg)
Photo: Huang Pang-ping, Liberty Times
照片:自由時報記者黃邦平
勞動部表示,十一月二十九日為地方公職人員選舉投票日,依勞動基準法規定,該日具投票權之勞工放假一日,照給工資。
勞動部說明,各類公職人員選舉罷免投票日,依勞動基準法第三十七條及其施行細則第二十三條規定指定為應放假日,凡具有投票權且該日有工作義務之勞工應放假一日,工資照給;原毋需出勤者,不另補假。上開所稱放假「一日」,係指自午前零時至午後十二時連續二十四小時。由於投票權僅得於投票當日行使,其性質與一般休假日(國定假日)有別,該放假日無得與其他工作日對調實施。雇主如在不妨礙勞工投票之前提下,徵得勞工同意於該日出勤,出勤工作之時間,應加倍發給工資。
勞動部提醒,雇主未依法給假或給薪者,最高可處新台幣三十萬元之罰鍰,並應補給工資。勞工因有權益受損者,可就近向當地勞工行政機關(即當地縣市政府之勞工局)申訴,以維權益。
(中華民國勞動部提供)
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