The Executive Yuan yesterday announced the Ministry of Labor’s (MOL) draft regulations to implement the new labor law, which include two proposed deadlines by which workers must receive overtime pay if they do not use their compensatory time off.
According to the draft amendments to the Enforcement Rules of the Labor Standards Act (勞動基準法實行細則), employees must use their compensatory time off either by the same yearly deadline as their annual leave or by the end of the year.
Examples of the first type of deadline provided in the draft include the end of an academic year, fiscal year or calendar year.
Under the draft enforcement rules, if employees do not use their compensatory time off by the deadline, they must receive overtime pay by that time.
Although the labor law stipulates that employers and employees should jointly determine the deadline for using compensatory time off, the draft enforcement rules include clear deadlines to prevent employers from indefinitely delaying workers’ compensatory time off, the ministry said.
The labor law amendments have been widely criticized for allowing employees and employers to set their own deadlines for compensatory time off, as many feared that employees would end up having neither compensatory time off nor overtime pay.
While the amendments are to increase the monthly overtime limit from 46 to 54 hours, with a three-month overtime limit of 138 hours, the draft enforcement rules define the three-month period as three consecutive calendar months.
The draft enforcement rules also require companies with 30 or more employees to report to regulatory authorities to record when they extend work hours, extend consecutive work days or shorten rest time between shifts, at least one day before the schedule change.
In addition, the draft enforcement rules stipulate that when employees use their annual leave, companies should first deduct their annual leave days that have rolled over from the previous year, if there are any.
The ministry said it is open to suggestions about the draft enforcement rules, adding that members of the public can submit their opinions until Feb. 5.
The ministry is still working on determining the special conditions required for extending consecutive work days and shortening rest time between shifts, and would announce them when they are completed, it said.
The new labor law, which was passed on Jan. 10, is to take effect on March 1.
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