工作規則，中文版請按這裡。
Data Source : Ministry Of Labor, Taiwan
https://www.mol.gov.tw/media/vsgn41b3/工作規則參考手冊英文版-2022年6月.docx?mediaDL=true
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Ministry of Labor
Work Rules Reference Handbook
June 2022
INDEX
I.
Explanation Regarding the Sample Work
Rules……………………………………………………………….…2
II.
Sample Work Rules………….…………………………………4
III.
Guidelines for the Review of Work
Rules…………………………………………………………………37
IV.
Frequently Asked Questions and
Answers (Q&A) ………………………………………………………………52
V.
Local Labor Office Directory………………………………57
VI.
Supplementary Documents
Attachment 1. Sample Application Letter for Review of Work Rules Amendments…………………………………………...…………………59
Attachment 2. Application Process for the Review of Work Rules (flowchart)………………………………………………….………………60
Attachment 3. Document Checklist for Application for the Review of Work Rules ………………………………………….…………………….61
Attachment 4. Standard Work Rules Review Process by the Local Labor Affairs Authority
(flowchart)………………………….……………62
Attachment 5. Summary Table of the Differences
between the Sample Work Rules and the Company Work Rules……….…………63
Attachment 6. Comparison Table Between Original Provisions and Amended Provisions of
Work Rules……………………….……64
Attachment 7. Sample Labor-Management Meeting Minutes………………………………………………………………………74
Attachment 8. Sample Union Meeting Minutes…………………………………………….…………………………75
Explanation Regarding the Sample Work Rules
1.
Considering the importance of work rules
for a company in respect to its business management, and recognizing that
companies may not know how to draft work rules, these Sample Work Rules have
been published as a reference for companies. The adoption and enactment of the
Sample Work Rules can also assist local labor affairs authorities in reviewing
the work rules submitted by the companies. Implementing the Sample Work Rules is
easy, convenient, time-saving and also ensures compliance with the minimum
standard under the Labor Standards Act.
2.
According to Article 70 of the Labor Standards
Act and Article 38 of the Enforcement Rules of the Labor Standards Act, where an
employer hiring more than 30 employees shall enact the Work Rules and shall set
out the provisions related to issues such as work hours, break times, holidays,
wage, allowances and bonuses, attendance, performance, leaves of absence,
reward and punishment, promotion, recruitment, dismissal, termination,
resignation and retirement, compensations for occupational accidents, condolence
compensation, welfare, etc., depending on the nature of the business. After
being submitted to, and approved by the competent authority, the Work Rules
shall be announced in the company and shall be printed and distributed to each
employee. In the event that an employer breaches such obligation, according to
Article 79 (3) and (4) of the same Act, the said employer may be punished with a
fine of not less than NT$20,000 and not more than NT$300,000. Additionally, the
competent authority may, in accordance with the size of business, the number of
violating persons or the circumstances of violations, increase the penalty by
an additional 50% above the maximum amount of the legal fine. The competent authority may also publicly announce
the name of such a business entity, its owner or the person in charge, the date
of penalty, the violated provisions, and the amount of the fine and
order the business to make improvements within a given period in accordance
with Article 80-1 (1) of the Act. Failure to make improvements shall result in
subsequent fines.
3.
The Work Rules are important internal management
rules enacted by an employer according to the nature of its business and have
great influence on the labor conditions and interests of the employees.
Therefore, Work Rules must be submitted to the local labor affairs authority
for approval and must be publicly disclosed. To avoid disputes between workers
and the employer, the name of the labor affairs authority giving the approval,
and the date and file number of the approval shall be specified upon disclosure
of the Work
Rules. Additionally, the contents of the Work Rules shall also be amended as
needed for any change in applicable laws, labor agreements or administrative
systems. Amendments to the Work Rules shall also be submitted to the authority for
approval.
4.
Before a company enacts its own work rules, it may
be expedient for the company to download or obtain a copy of the Sample Work
Rules and to draft its own work rules based on the Sample and in accordance
with the company’s actual needs.
5.
Where a company has enacted provisions that are better
than the provisions under the Labor Standards Act or that provide better benefits
for employees, please include such provisions in the work rules. In
case of any work rule established for specific items (such as performance,
attendance management, etc.), such provisions must also be submitted for
approval.
6.
In case a business entity intends to
establish provisions regarding discipline or sanction against employees, the
contents of the provisions shall be specific, reasonable and concrete, and
shall not be generalized by using such words as “other circumstances.” To avoid
disputes, such provisions shall be negotiated first by workers and the
employer. In
respect to the dismissal of employees, since the Labor Standards Act is quite
strict in respect thereto, leaving little room for the company to enact rules
on its own, and since the appropriateness and validity of the provisions of the
Work Rules must be reviewed in detail by the local labor affairs authority, it is
therefore recommended that the Work Rules be enacted pursuant to the provisions
of the Labor Standards Act.
7.
During the process of drafting the work
rules, if a company has any questions, it is recommended that the company
discuss them with the local labor affairs authority first, so as to expedite
the review process.
Work Rules of ○○○
Inc. (Sample)
INDEX
Chapter 2 Recruitment and Layoff
Chapter 3 Wage, Allowances and Bonuses
Chapter 4 Work Hours, Breaks, Holidays and Leaves
Chapter 7 Attendance, Review, Rewards, Sanctions and Promotions
Chapter 8 Compensation for Occupational Accidents and Condolence
Compensation
Chapter 9 Social Insurance, Welfare, Safety and Health
Work Rules of ○○○
Inc.
Approved for reference by
the letter No. -Zi- dated (yyyy)(mm)(dd) from ______City (County)
Government
Chapter
1 General
Article
1 (Purpose)
In order
to clarify the rights and obligations of the employer and the employees,
strengthen the current administrative framework and promote the mutual
cooperation between the employer and the employees for business development,
○○○ Inc. (hereinafter referred to as the Company) enacts these work rules
pursuant to the Labor Standards Act and related laws and regulations.
Article
2 (Scope of Application)
□ The Work Rules shall be applicable to all employees hired by
the Company to work for the Company, who shall receive wages in return. These
Work Rules shall also be applicable to each plant/branch/place of business of
the Company.
□ The Work Rules shall only be applicable to the following plants/
branches / places of business of the Company: (Please specify the scope of
application.)
Chapter
2 Recruitment and Layoff
Article
3 (Procedure for Commencing Work)
Upon
receiving a notice of employment, the newly recruited employee shall complete
the procedure for commencing work on the first day at work pursuant to the provisions
herein. Failure to complete the procedure by the aforementioned date shall
automatically be deemed as declining the offer and the notice of employment shall
become invalid. When the newly recruited employee reports to work, he or she
shall submit the following documents:
1.
Notice of employment
2.
Employee information
form prepared by the Company
3.
Relevant proof of identity
and national identification card (which will be returned to the employees after
verification)
4.
Other documents as requested
by the Company
Article
4 (Labor Contracts)
Depending on
the needs of the business, when hiring an employee, the Company may enter into
a fixed term contract or a non-fixed term contract with the employee.
The aforementioned
fixed term contracts and non-fixed term contracts shall be determined in
accordance with the relevant provisions under the Labor Standards Act.
Article
5 (Determining Seniority)
The
seniority of an employee shall be calculated in accordance with the following:
1.
Where a new contract
is entered into within three months after the expiry of a fixed term contract, or
where a non-fixed term contract resumes within three months after its suspension,
for whatever reason, the calculation of an employee’s seniority before and after
the implementation of the new contract, or the resumption of the non-fixed term
contract shall be consolidated.
2.
The seniority of an
employee is determined by the number of years that the employee has worked for the
Company commencing from the starting date of employment. If the employee began
working for the Company before the application of the Labor Standards Act, the employee’s
seniority shall be calculated in consolidation therewith.
3.
In the event that an employee
was transferred by the Company, the Company shall continue to recognize the seniority
of the employee and their seniority shall be calculated in consolidation
therewith.
Article
6 (Probation Period)
The Company
may agree on a probation period with newly recruited employees for a period of ____
days, except for those employees with particular skills, specialization and/or
experience who have been approved by the Company. If an employee under probation
passes the Company’s review, such an employee shall be officially employed by the
Company according to the provisions herein. Where an employee under probation fails
the Company’s review, the contract with such an employee shall be terminated according
to Articles 7, 8, 9, 10 and 11. Wages shall be given until the date when he or she
ceases to be employed by the
Company.
Article
7 (Termination of Employment with Notice)
Unless any
of the following situations occurs, the Company shall not terminate the labor
contracts of employees:
1.
Where the business
ceases to operate or has been transferred;
2.
Where the business
suffers losses or contraction;
3.
Where business operations
have been suspended for more than one (1) month as a result of force majeure;
4.
Where there is a
change in the nature of business, as a result of which a reduction of employees
is required and the particular employee cannot be assigned to another suitable
position; or
5.
Where a particular employee
is clearly unable to perform the work assigned to him or her.
Article
8 (Exceptions Restricting the Termination of Contracts)
During the
period of maternity leave or medical treatment for occupational accidents, the Company
shall not terminate the contracts of the concerned employees. However, for reasons
of natural disasters, emergencies or other force majeure incidents as a result
of which the business cannot continue to operate, the Company may report to the
competent authority for approval to terminate a labor contract.
Article
9 (Notice of Termination)
Where the labor contract is terminated pursuant to Article 7 or the proviso
of the preceding article, the notice of termination must be given in accordance
with the following:
1.
Where the employee has
worked for the Company for more than three months but less than one year, then
ten days prior notice shall be given;
2.
Where the employee has
worked for the Company for more than one year but less than three years, then
twenty days prior notice shall be given; or
3.
Where the employee has
worked for the Company for more than three years, then thirty days prior notice
shall be given.
Upon receiving
the abovementioned notice, the employee may take leaves during work hours to look
for employment, provided, however, the leaves taken shall not exceed two days per
week. During the said leave, the Company shall continue to pay the wage to the
employee.
Where the
Company fails to give notice in compliance with the notice period prescribed above
and terminates the labor contract, the Company shall pay the wages that would
have accrued for the notice period.
When an employee
wishes to resign, he or she must give notice to the company based on the notice
period prescribed above.
Article
10 (Issuance of Severance Payment)
In
respect to an employee whose labor contract is terminated pursuant to Article 6,
Article 7 or the proviso of Article 8, except for wages accrued during the advance
notice period pursuant to the provisions for termination with notice or failure
to provide notice, the Company shall make a severance payment within thirty
days after the termination of the labor contract in accordance with the
following
1. In respect to the seniority accumulated prior to
the application of the Labor Standards Act, the severance payment shall be calculated
in accordance with the then applicable laws and regulations. If there were no such
applicable laws or regulations at the time, the severance payment shall be calculated
pursuant to the rules enacted by the Company or pursuant to the agreement
reached by the employer and employees.
(※If
the Company has enacted Rules on Severance Payment in respect to years of seniority
accumulated prior to the application of the Labor Standards Act, please list
the Rules herein.)
2. The severance payment for seniority that applies the
pension policy provided under the Labor Standards Act (the old labor pension policy)
is made in accordance with Article 17 of the Labor Standards Act.
(※The
payment is made to those who meet the requirements for retirement in accordance
with the standards of pension payment.)
3. For the severance payment for seniority that applies
the pension policy provided under the Labor Pension Act (the new labor pension policy),
a half of the one-month average wage is paid for every completed year of
employment. In the case that the employee has worked for less than a year, the
severance payment is made proportionally. The maximum payment shall be limited
to the 6-month average wage of the employee.
The
issuance of the severance payment shall not apply to employees who voluntarily
resign from, and whose resignation is approved by the Company, or those
employees who left the company upon the expiry of a fixed term labor contract
pursuant to Article 11.
(※1. If
your company was established on or after July 1, 2005, the Labor Standards Act
is applicable to its business. If your company employs no foreign workers, then
severance payments shall be made to your company’s employees in accordance with
the Labor Pension Act. Subparagraphs 1 and 2 of Paragraph 1 of this Article
shall not be applicable.
2.
If your company was established on or after July 1, 2005 and has indicated to
apply the Labor Standards Act. If your company employs no foreign workers, then
severance payments shall be made to your company’s employees in accordance with
Subparagraphs 1 and 3 of Paragraph 1 of this Article. Subparagraph 2 of
Paragraph 1 shall not be applicable.)
Article 11
(Termination Without Notice; Grounds for Dismissal)
In the event
where any of the following occurs, the Company may terminate an employee’s labor
contract without notice:
1. When entering into the labor contract with the Company, the
employee made misrepresentations upon which the Company had relied, as a result
of which the Company may have suffered losses and damages;
2. Where the employee committed violent acts or serious insults
against the employer, their family, their representatives, or towards other company
employees;
3. Where the employee is convicted of an offence by a final
judgment and sentenced to prison for a definite term, without the possibility
of probation or payment of fines in lieu of imprisonment;
4. Where the employee intentionally damages the machinery, tools
or other objects owned by the Company, or intentionally discloses technical or trade
secrets, as a result of which the Company suffers losses and damages;
5. Where the employee is absent from work without legitimate cause
for three consecutive days or for a total of six days within a month; or
6. Where the employee violates the labor contract or the work rules,
which the Company considers to be adequate grounds for dismissal.
Where the termination
is based on Subparagraphs 1, 2 and 4 to 6 of Paragraph 1, the Company may terminate
the contract within thirty days from the date when the Company is made aware of
such circumstances.
Article
12 (Resignation Procedure)
Where an employee
resigns from the Company, he or she shall complete the resignation and work
transfer procedure according to the rules of the Company.
Article 13 (Employment Certificate)
Upon termination of the labor contract, the Company shall issue
an employment certificate at the request of the employee.
Article
14 (Transfer)
If
required for business operations, the position held by the employee or the
location of work may be adjusted to the extent permitted by the labor contract
and to the extent that no adverse changes are made to the employee’s wages or other
labor conditions, and the employee is capable of executing the transferred
duties in terms of physical strength and skills. After considering the interests and needs of the employee
and his or her family, and depending on their physical capacity and skills, the
Company may transfer an employee to another position or work location. Years of
seniority shall continue to accumulate. Where the employee has legitimate cause,
the employee may apply for re-consideration of the transfer.
In the
event where the transfer location is too far, the Company shall provide
necessary assistance to the employee.
Article
15 (Work Transfer Procedure)
Upon
receipt of a Notice of Personnel Transfer, the employee shall complete the work
transfer procedure within ___ days (※Please specify the duration) (unless otherwise instructed), and
report to the new position.
(※If the Company has enacted any provision regarding severance
payment, please list it herein.)
Chapter
3 Wage, Allowances and Bonuses
Article
16 (Agreement on Wages)
Employees’
wages may be negotiated and agreed upon by the Company and the employees,
provided, however, that the remuneration received by the employees during normal
work hours shall not be lower than the basic wage.
Article
17 (Definition of Wage)
Wage shall
refer to the remuneration received by the employees in return for the work carried
out thereby, including pay according to time worked, salaries, bonuses, whether
payable in cash or in kind, as calculated by hour, by day, by month or by case,
as well as any allowances or other regular payment, under whatever name.
Article
18 (Calculation of Wages and the Payment thereof)
The
employees’ wages may be calculated, where necessary, by hour, by day, by month
or by case.
The payment
of the employees’ wages shall be directly paid to the employees in full, unless
otherwise stipulated by law or agreement with an employee or employees.
The wages paid
to the employees shall be made by the prescribed period as agreed to by the
employees as follows. If the payment day falls on a regular day off or a
holiday, the payment of the wages shall be made before the day off or the holiday.
A document (i.e., pay sheet) specifying each item of wage and method of
computation shall be provided.
□ Once a month: The wages for (□ the previous month □ the
corresponding month □ the following month) shall be paid on the ___ day of each
month.
□ Twice a month: The wages accrued from the ___ day of (□ the
previous month □ the corresponding month □ the following month) to the ___ day of
(□ the previous month □ the corresponding month □ the following month) shall be paid on the ___ day of each month, and the wages accrued from
the ___ day of (□ the previous month □ the corresponding month □ the following
month) to the ___ day of (□ the previous month □ the corresponding month □ the
following month) shall be paid on the ___ day of each month.
□ Others: ______________________________________________
Upon
termination of the labor contract with an employee, the Company shall settle,
and pay to the employee, the wages.
Article 19
(Standards for the Payment of Overtime Work)
Payment
for overtime work during the normal working days:
Where the
Company has extended the work hours of the employees, wages for the overtime work
shall be paid in accordance with the following:
1.
Where the overtime
work does not exceed two hours, the employees shall be paid, in addition to the
regular wage, an additional one-third of the regular hourly rate;
2.
Where the overtime work
is further extended within two hours, the employees shall be paid, in addition
to the regular wage, an additional two-thirds of the regular hourly rate; or
3.
Where the overtime
work is requested as a result of natural disasters, emergencies or unexpected events,
the employees shall be paid, in addition to the regular wage, two times the
regular hourly rate.
Payment
for overtime work during a rest day:
1.
Where it is necessary for the business operation of the
Company and the Company has obtained the consent of the employees to work
overtime during a rest day, if the work hours are
less than two hours, the hourly wage for overtime work shall be increased by at
least an additional one-third of the original hourly wage. If the employee
continues working after having worked for two hours, his or her hourly wage for
overtime work shall be increased by at least an additional two-thirds of his or
her original hourly wage.
2.
Where it is deemed necessary
for employees to work on a rest day due to any natural disaster, emergency or unexpected
event, the Company shall pay the wages of employees for the overtime work in
accordance with the provisions of the preceding subparagraph.
Article
19-1 (Compensatory leave after overtime work on a regular working day or a rest
day)
After
working overtime on a regular working day or a rest day, the employee may
choose to take compensatory leave. The employer agrees that the ratio for the
work hour versus the hour of compensatory leave shall be 1：___ (no less than 1:1), and the period for taking
compensatory leave shall be ___ months.
The
granted compensatory leave not used before the expiration of the period for
taking compensatory leave or the termination of the contract shall be converted
into wages in accordance with the standards for computation of wages for the day of work.
Article
19-2 (Last day of the compensatory leave period)
In case
that such period for taking compensatory leave as indicated in the preceding
article goes beyond the last day of the year, as addressed in Article 27, the
last day of the period shall be the last day of the year.
Article
19-3 (Order of hours of compensatory leave used)
Hours of
compensatory leave granted for extended work hours and overtime work on rest
days, shall be used in the order of precedence in which they have been granted.
Article
19-4 (Period for payment of overtime wages for the hours of compensatory leave
not used during the stipulated period)
Upon
expiration of the period for taking compensatory leave or termination of the
contract, the overtime pay corresponding to the hours of compensatory leave, if
not yet taken, shall be paid to the employee:
□On the payday determined according to Article 18 for payment
of wages made to employees; or
□____days after the expiration of the period stipulated for
taking compensatory leave (no more than 30 days).
Upon
expiration of the contract, the Company shall pay to the employee any overtime pay
corresponding to any hours of compensatory leave which have not been used, with
payment of wages settled in accordance with Article 18.
Article
20 (Allowances and Bonuses)
(※If the Company grants
any year-end bonus or dividends, holiday bonuses, different kinds of allowances,
bonuses for productivity, efficiency, full attendance or any other motivational
bonuses, please list the criteria, the standard and the period for the issuance
thereof.)
Article
20-1 (Wages for work during times of natural disaster)
The
Company shall not deduct any wages of an employee who is unable to go to work in
any of the situations listed in the Guidelines for Management of Attendance of
Business Entity Employees upon Natural Disaster and Payment of Wages. A wage of
___ times the amount of the original pay rate shall be paid to an employee
required to work by the Company during the period of natural disaster.
Chapter
4 Work Hours, Breaks, Holidays and Leaves
Article
21 (Work Hours)
The normal
work hours of an employee shall not exceed eight hours per day and forty hours
per week.
The
Company may, depending on the actual needs, implement flexible work hours
pursuant to Articles 30 (2) and (3) and 30-1 of the Labor Standards Act.
The
Company may allow employees to flexibly adjust the time of commencement or end
of their work, within the range of one hour, should the employees need to take
care of their families, provided, however, that such adjustment shall not
change total daily work hours.
Where an
employee is recommended by a physician to shorten work hours in accordance with Articles 21, 29 and
31 of the Occupational Safety and Health Act, the Company shall adopt the physician’s recommendation to
shorten his or her working hours.
The Company shall adjust work hours as required by applicable laws.
(※If a business entity adopts flexible work hours pursuant to Articles
30 (2) and (3) and 30-1 of the Labor Standards Act, the work hours arrangement
of the business entity shall meet the requirements as provided by the central
competent authority and be approved by the labor union before the adoption of
flexible work hours. If the business entity has no labor union, flexible work
hours shall be adopted only after approval by a meeting between labor and management.)
In the
event where a female employee with a child under the age of two is required to
feed her child, in addition to the prescribed break times, the Company shall give
the female employee a 60-minute feeding time each work day. In the case that such
an employee’s overtime work extends beyond daily work hours by over one hour,
an extra 30-minute feeding time shall be given. The feeding time shall be
considered as work hours.
In the event where an employee is raising a child under the age of
three, the employee may request any of the following:
1. To reduce work hours by one hour per day, provided, however,
that the employee shall not demand remuneration for the reduced work hours; or
2.
To adjust the work
hours.
If an employee
makes a request for feeding time, a reduction of work hours or an adjustment of
work hours pursuant to the two preceding paragraphs, the Company shall not refuse,
nor consider such an adjustment of work hours as an absence from work that would
affect the full attendance reward or performance of the employee, nor shall the
company otherwise subject the employee to any sanction.
Article
22 (Overtime Work)
Where it
is deemed necessary by the Company for the employees to work outside the normal
work hours, upon the approval of the labor-management meetings, the Company may
extend the work hours.
(※Where the Company has
a labor union, the preceding paragraph shall be amended to: “Where it is deemed
necessary for the employees to work outside the normal work hours, with the
consent of the labor union, the Company may extend the work hours.)
The
aforementioned extension of employees’ work hours, together with the normal work
hours, shall not exceed twelve hours per day. The number of extended work hours
shall not exceed forty-six hours per month. However, with consent agreed upon
at the labor-management meeting, a longer extension of work hours, which shall
not exceed fifty-four hours per month and shall not exceed 138 hours every
three months, may be permitted.
(※In the case that the
Company has employed more than 30 workers and extended their work hours in
accordance with the proviso of the preceding paragraph, the Company shall
report such work hour extensions to the local competent authority for its
record.)
(※In the case that the
Company has a labor union, the proviso of the preceding paragraph shall be
amended to “with the consent of the labor union, a longer extension of work
hours, which shall not exceed fifty-four hours per month and shall not exceed
138 hours every three months, may be permitted.”)
For the employees
required by the Company to work on rest days, their time of work on rest days
shall be included in such extension of work hours as provided in the preceding
paragraph. Where it is deemed necessary by the Company for the employees to
work on rest days for reasons of natural disasters, emergencies or unexpected
events, the work hours are not limited by the provisions of the preceding
paragraph, and the Company shall report to the local competent authority within
twenty-four hours after the commencement of work, and shall grant the employees
suitable time off thereafter as compensation for the overtime work.
(※Where the Company has
a labor union, the proviso of the preceding paragraph shall be amended to:
“Where it is deemed necessary by the Company for the employees to work on rest
days for reasons of natural disasters, emergencies or unexpected events, the work
hours are not limited by the provisions of the preceding paragraph, and the
Company shall report to the labor union within twenty-four hours after the
commencement of work, and shall grant the employees suitable time off
thereafter as compensation for the overtime work.”)
Where it is deemed necessary
by the Company for the employees to work outside the normal work hours for reasons
of natural disasters,
emergencies or unexpected events, the Company may extend the work
hours accordingly, provided, however, that the Company shall report to the local
competent authority within twenty-four hours after the extension. The Company shall
grant the employees suitable time off thereafter as compensation for the
overtime work.
(※Where the Company has
a labor union, the proviso of the preceding paragraph shall be amended to: “Where
it is deemed necessary by the Company for the employees to work outside the normal
work hours for reasons of natural disasters, emergencies or
unexpected events, the Company may extend the work hours accordingly, provided,
however, that the Company shall report to the labor union within twenty-four hours
after the extension. The Company shall grant the employees suitable time off
thereafter as compensation for the overtime work.”)
An employee may refuse
to accept work outside the normal work hours for health reasons or other
legitimate reasons.
Article
23 (Overtime Application)
For the purpose of Article
22, if it is necessary to work overtime, the employee working overtime shall fill
out the “overtime application.” Upon obtaining the approval from the authority,
the employees shall proceed with the overtime work.
Article
24 (Break Time)
Employees shall be entitled
to at least thirty minutes of break time after having continuously worked for
four hours. However, where the work is carried out in shifts or where the work is
continuous or urgent, the Company may reschedule and adjust the break time within
the work hours.
Article
24-1 (Time for rest between shifts)
In the case that the
Company implements a shift system, workers on
shifts shall be rotated on a weekly basis except as otherwise consented to by
the workers. Workers on rotation shall be granted a rest period of at least
eleven successive hours.
(※In the case that the Company
is governed by the central competent authority in charge of relevant businesses
and engages in work of a special nature or faces special circumstances, as
announced by the central competent authority, the time for rest may be changed
to a period of no less than eight consecutive hours, provided the Company
obtained the consent of the labor union before changing the rest period. If a
business entity has no labor union, the business entity may change the rest
period only after reaching consent at the labor-management meeting, and shall
specify the changed rest period between shifts in this Article. Where a
business entity has employed more than thirty workers, the business entity
shall report any such change to the local competent authority for its record.)
Article
25 (Regular Days Off and Rest Days)
For every seven days,
the employees shall be entitled to at least two days of rest, one of which is a
regular day off and the other of which is a rest day. The wages for the two
days of rest shall still be paid.
Where
the Company adopts two-week and eight-week flexible working hours pursuant to
Article 21 (2). The regular days off and rest days shall be arranged as
follows:
1. If two-week flexible working hours are
adopted, the employees shall be entitled to at least one regular day off for
every seven days and at least four regular days off and rest days for every two
weeks. The wages for such days shall still be paid.
2. If eight-week flexible working hours are
adopted, the employees shall be entitled to at least one regular day off for
every seven days and at least sixteen regular days off and rest days for every
eight weeks. The wages for such days shall still be paid.
(※Where the Company has
obtained the consent of the central authority in charge of relevant businesses and
has been designated by the central competent authority as a business of a
special type that meets the criteria for adjustment and may flexibly adjust
regular days off, the Company may make such adjustments with the consent of the
labor union. If a business entity has no labor union, the business entity shall
adjust regular days off within a seven-day cycle only by obtaining consent at
the labor-management meeting. Where a business entity has employed more than
thirty workers, the business entity shall report any such adjustment to the
local competent authority for its record.)
Where
the Company adopts four-week flexible working hours pursuant to Article 21 (2),
the employees shall be entitled to at least two regular days off for every two
weeks and at least eight regular days off and rest days for every four weeks.
The wage for such days shall still be paid.
Article
26 (Holidays)
Employees shall be granted
paid leave on memorial days and holidays designated by the Ministry of the
Interior, Labor Day, and other days that the central competent authority deems
as holidays. The Company may have employees take another day off instead of any
of the aforementioned holidays only with the consent of the employees and the
employer.
Article
27 (Number and Arrangement of Annual Paid Leave)
Where an employee continues
to work for the Company for a certain period of time, he or she shall be entitled
to annual paid leave in accordance with the following:
1. Where the employee has worked for the Company for more
than six months but less than one year, three days;
2. Where the employee has worked for the Company for more
than one year but less than two years, seven days;
3. Where the employee has worked for the Company for more
than two years but less than three years, ten days;
4. Where the employee has worked for the Company for more
than three years but less than five years, fourteen days per year;
5. Where the employee has worked for the Company for more
than five years but less than ten years, fifteen days per year; or
6. Where the employee has worked for the Company for more
than ten years, one day for each year until 30 days.
The aforementioned seniority
of the employee shall be calculated from the date the employee is hired by the
Company. The employee may exercise his or her right to take annual paid leave
during any of the following periods agreed by the employee and the employer.
□The period of a year from the date of employment, or for an
employee who has worked for the Company for over six months but less than a
year, the period of six months after the employee has obtained the right to annual
paid leave;
□The period between January 1 to December 31 of every year;
□An academic year;
□The fiscal year from ___(MM)___(DD) to ___(MM)___(DD);
□The year from ___(MM)___(DD) to ___(MM)___(DD) as agreed by
the employee and the employer.
Dates of annual paid
leave shall be arranged by employees. In the case of urgent needs of the Company in business
management or personal reasons on the part of an employee, such dates may be
adjusted through negotiation with other employees. The Company shall ask employees to arrange dates of annual
paid leave within thirty days after the employees have satisfied the conditions
of annual paid leave provided in the preceding paragraph.
Article
27-1 (Payment of the wage for days
of annual paid leave not used and written notice)
Where there is annual paid
leave that has not been taken at the end of the year or at the termination of the
contract, the Company shall pay wages for the number of days of annual paid leave,
to which the employee is entitled. The wages for days of annual paid leave not
used by an employee is calculated based on the unused days of annual paid leave
multiplied by his or her daily wage.
The wages for unused
days of annual paid leave are calculated based on the employee’s wages for normal work
hours on the day before the end of the year or the termination of the contract.
For an employee who receives wages on a monthly basis, the wage for unused days
of annual paid leave is computed based on the employee’s wages for normal work
hours in the latest one month before the end of the year or the termination of
the contract, divided by thirty.
The wage for days of
annual leave unused by the end of the year shall be paid within the following
period:
□On the
payday stipulated in Article 18 for payment of wages made to employees; or
□___days
after the end of the year (no more than 30 days).
The wages
for days of annual leave unused at the termination of the contract shall be paid,
together with the wages settled, to the employee after the termination of the
contract.
The days
of annual paid leave granted to each employee and the amount of wages for
unused annual paid leave paid to the employee shall be recorded by the Company for
accounting purposes. The employee shall be informed of such days and amounts
when the Company pays an employee any wages for unused days of annual paid
leave, in accordance with the preceding two paragraphs.
Article
27-2 (Period for taking deferred
annual paid leave and payment of the wages for unused days of annual paid leave)
With the consent of
the employee and the Company, the days of annual paid leave unused by the
employee before the end of the year may be used in the following year. Where
the deferred days of annual paid leave are still not used at the end of the following
year or by the expiration of his or her contract, wages for the unused days of
annual paid leave shall be paid to the employee within the period stipulated by
Article 27-1.
The wages mentioned in
the preceding paragraph shall be calculated based on the wage payable at the
time the original annual paid leave was granted.
The days
of annual paid leave deferred to the following year in accordance with Paragraph 1 may be used by the employee when taking annual paid leave during the year to which the
paid leave is deferred.
Article
28 (Overtime Work During Holidays)
Wages shall still be paid
during the employees’ regular days off and rest days as prescribed under
Article 25, holidays as prescribed under Article 26, and annual paid leave as prescribed
under Article 27. Where the Company has obtained the consent of the employees
to work overtime during the holidays as prescribed under Articles 26 and 27,
the wages paid to the employee shall be doubled by the Company for such work
periods.
Article
29 (Cancellation of the Holidays)
For reasons of natural
disasters, emergencies or unexpected events, if it is deemed necessary by the Company to continue business
operations, the Company may cancel the employees’ regular days off, holidays
and annual leave as prescribed under Articles 25 to 27, provided, however, that
the Company shall specify reasons and report them to the local competent
authority for its record within twenty-four hours after such an event. The
wages for the cancelled holidays shall be doubled and the Company shall grant
the employees days off as compensation.
Article
30 (Leave and Parental Leave)
(※The Company may enact
its rules regarding leaves of absence that are better than the provisions
prescribed by law.)
Employees may take leaves of absence for weddings, funerals,
sickness, or other legitimate causes. Leaves of absence may be divided into
twelve categories, including leave for marriage, personal leave, leave for
family care, sick leave, menstruation leave, leave for funerals, leave for
occupational accidents, maternity leave, leave for public duties, leave for
pregnancy checkups, pregnancy
checkup accompaniment and paternity leave, and leave for recuperation after pregnancy. The number of permitted days for leave and payment of wages
during the period thereof shall be in accordance with the following:
1. Leave for marriage: Where an employee is getting married, eight
days with wages paid. The employee shall use the granted days for leave within
3 months from 10 days prior to the date of marriage. However, with the consent
of the Company, the employee may use the granted days for leave within a year. The
wages shall be paid during leave for marriage.
2. Personal leave: Where an employee needs to personally take
care of their individual matters, the said employee may take personal leave,
provided, however, that the aggregate amount of personal leave taken shall not
exceed fourteen days per year. The wages shall not be paid during personal
leave.
3. Sick leave: Where an employee is required to be treated
medically or to take rest for injury, sickness or biological reasons, the
employee may take sick leave pursuant to the provisions below. Where the employee
takes sick leave for a consecutive period of more than ___ days (※Please specify the duration) (inclusive), he or she must
submit proof of medical treatment. (Where the aggregate amount of sick leave
taken in a year does not exceed thirty days, the wages paid to an employee shall
be half of the regular wage during sick leave. Where the injury or sickness is
partially covered by the labor insurance but the amount of compensation is less
than half of the employee’s wage, the Company shall compensate for the balance
thereof.)
(1) Where
the employee is not hospitalized, the aggregate number of permitted days of sick
leave shall not exceed thirty days in a year.
(2) Where
the employee is hospitalized, the aggregate number of permitted days of sick
leave shall not exceed one year within a period of two years.
(3) The
aggregate number of permitted days of sick leave for non-hospitalization and
hospitalization shall not exceed one year within a period of two years.
When
an employee is diagnosed by a physician as suffering from cancer (including
cancer in situ) and requires treatment in outpatient services, or needs to
recuperate following pregnancy, the period of treatment or recuperation shall
be designated as days of sick leave for hospitalization.
In the event
where the number of days of sick leave taken has exceeded the permitted duration,
as prescribed in the preceding paragraph, and the employee has still not
recovered after using their permitted personal leave and annual paid leave,
with the permission of the Company, the employee may take unpaid leave. If the
employee has still not recovered after the permitted period of unpaid leave, the
Company may dismiss the said employee. Where the employee has met the criteria
for retirement provided in the Labor Standards Act, the Company shall pay the
retirement pension thereto.
4. Menstruation leave: If it is difficult for a female
employee to work while menstruating, the female employee may take one day of menstruation
leave per month. Where the days of menstruation leave used in a year are less
than three, the menstruation leave taken shall not be counted as sick leave. Any
portion in excess of three days shall be included in sick leave. (No supporting
document is required for menstruation leave. Additionally, half of an employee’s
wages shall be paid for days of menstruation leave, whether designated or not
designated as sick leave.)
5. Leave for funerals: The wages shall be paid during the leave
for a funeral. Days of leave for funerals may be taken at different times
within one hundred days pursuant to custom.
(1) If
the parent, adoptive parent, step-parent or spouse of an employee is the deceased,
eight days;
(2) If the grandparent,
child, or parent of the spouse, adoptive parent, or step-parent of the spouse
of an employee is the deceased, six days;
(3) If the great
grandparent, sibling, or the grandparent
of the spouse of an employee is the deceased,
three days.
(※In terms of family relationship, the Civil Code only
distinguishes between different degrees of relatives without identifying them
as paternal or maternal. Grandparents also include the parents of the mother,
generally known as maternal grandparents. Great grandparents also include those
generally known as maternal great grandparents.)
6. Leave for occupational accidents: Where an employee is disabled,
injured or sick as a result of an occupational accident, the employee shall be
granted leave during the period of medical treatment or rest.
7. Maternity leave:
(1) A
female employee expecting to give birth shall be given eight weeks of maternity
leave, which should begin at an appropriate time prior to her expected due date.
(2) Where
a female employee is pregnant for more than three months and has had a miscarriage,
she should cease work and be given four weeks of maternity leave.
(3) Where
the female employee mentioned in Item (1) or (2) above has been working for the
Company for more than six months, full wages will be paid during the maternity leave.
Where the aforementioned female employee has been working for the Company for
less than six months, half of her regular wages will be paid during the
maternity leave.
(4) Where
a female employee is pregnant for more than two months but less than three months
and has a miscarriage, she shall cease work and be given one week of maternity
leave.
(5) Where
a female employee is pregnant for less than two months and has a miscarriage, she
shall cease work and be given five days of maternity leave.
(6) Female
employees taking maternity leave must submit the relevant documents providing proof.
8. Leave
for recuperation after pregnancy: For an employee needing to recuperate during
pregnancy, the period of treatment or recuperation shall be designated as days
of sick leave for hospitalization. The wages for days of leave for recuperation
after pregnancy shall be calculated in accordance with regulations provided for
sick leave.
9. Pregnancy
checkup accompaniment and paternity leave: When an employee accompanies their
spouse for pregnancy checkups or such spouse is in labor, their employer shall
grant the employee seven days off as pregnancy checkup accompaniment and
paternity leaves. Except that the pregnancy checkup leave shall only be
applicable during the gestation period of the spouses, employees shall have the
paternity leave during a 15-day window before and after the day their spouses
are in labor. Regular wages shall be paid for pregnancy checkup accompaniment
and paternity leaves.
10. Leave for pregnancy checkups: A pregnant employee shall
be given seven days of leave for pregnancy checkups. During
the leave for pregnancy checkups, the
wages shall be paid.
11. Leave for family care: Where a family member of an employee needs to receive a vaccination, is seriously ill, or
should a major accident occur, as a result of which the employee must
personally take care of the family member(s), the employee may take leave for family
care. The amount of family care leave taken shall be counted as personal leave
and shall not exceed seven days per year. Wages during family care leave shall be
calculated in accordance with the provisions for personal leave.
12. Leave for public duties: Where an employee must be
granted leave for public duties in accordance with applicable laws and
regulations, the employee shall be granted leave based on the actual number of
days required, during which the wages shall be paid.
Where an employee takes annual paid leave, leave for
marriage, leave for a funeral, leave for occupational accidents, leave for
public duties and/or maternity leave, the employee shall still be entitled to
any full attendance reward(s).
Upon having worked for the Company for more than six months, an
employee may, before each of his or her children turns three years old, apply
for unpaid childcare leave for a period until the said child turns three years
old, provided, however, that the period of unpaid childcare leave shall not
exceed two years. Where an employee needs to take care of more than two
children at the same time, the unpaid childcare leave taken for each child shall
be combined and the duration thereof shall not exceed a period of two years
prior to the third birthday of the youngest child.
Where an employee applies for menstruation leave, unpaid parental
leave, leave for family care, pregnancy
checkup accompaniment and paternity leave, leave for
recuperation after pregnancy, maternity leave and/or leave for pregnancy
checkups, the Company shall not refuse nor consider that such leaves of absence
from work would affect any full attendance reward, the performance of such an employee,
or otherwise subject the employee to any sanction.
Article
31 (Leave Taking Procedure)
Where an employee takes
leave with cause, the employee must fill out the application for taking leave
beforehand and can only leave work or be absent from work after having explained
the reason to take leave and obtained the approval of the Company. In case of sudden illness or unexpected major
accidents, the employee may, within ___ days, ask his or her colleague, family or
friend, or by telephone, facsimile, email or prompt delivery mail to report to
his or her supervisor and complete the leave taking procedure on his or her
behalf. If it is necessary to provide further explanations or proofs, the
employee shall submit the explanations or proofs within ___ days for the review
and approval of the authority in charge.
Article
32 (Calculation of the Number of Days of Leave Taken)
The aggregate number
of days of personal leave and sick leave taken shall be calculated from January
1 of each year to December 31 of the same year.
(※If the Company has established
a different fiscal year, the aggregate number of days of personal leave and
sick leave may be calculated in accordance with the fiscal year.)
Article
33 (Unit of Calculation for Taking Leave)
The minimum unit for leave taken shall be _____ (day/half
day/hour) for ____ (type of leave).
(※Where an employee has taken sick leave
for more than thirty consecutive days, after calculating thirty days and
beginning from the thirty-first day, any day that falls on a rest day, regular
day off, a memorial day or holiday designated by the Ministry of the Interior,
Labor Day, or any other holiday designated by the central competent authority,
such a day shall be included in the period of such leave taken.)
Chapter
5 Retirement
Article
34 (Voluntary Retirement)
Where any of the following
occurs, an employee may voluntarily apply for retirement:
1. Where the employee has continuously worked for the Company
for more than fifteen years and has reached the age of fifty-five years old;
2. Where the employee has continuously worked for the Company
for
more than twenty-five years; or
3. Where the employee has continuously worked for the Company
for more than ten years and has reached the age of sixty years old.
(※The Company may enact its early retirement rules
that are better than the provisions of the Labor Standards Act. If pensions are paid from the labor retirement reserve fund account, the
Company shall report to the local competent authority for approval.)
Article
35 (Compulsory Retirement)
The Company may not
force an employee to retire, except in the following cases:
1. Where the employee
reaches the age of sixty-five years old; or
2. Where
the employee is unfit for work due to physical or mental disability.
Where the nature of
the work is dangerous or requires physical strength, the Company may report to
the central competent authority and obtain its approval to adjust the age prescribed
in Subparagraph 1 of the preceding paragraph, provided, however, that the adjusted
age shall not be less than fifty-five.
Article
36 (Standards for Payment of Retirement Pension)
The
retirement pension shall be paid to the employees in accordance with the
following standards:
1.
In respect to
the seniority accumulated before the application of the Labor Standards Act, the
standards for calculating and paying the retirement pension shall be in accordance
with applicable laws. In case of no applicable law or regulation, the pension
shall be computed pursuant to the rules provide by the Company or determined
through negotiation of the employees and the Company.
(※Where
the Company has applied applicable laws regarding seniority before the
application of the Labor Standards Act or has established its own regulations for
retirement pension payment, please list such laws or regulations herein.)
2.
For an employee
to whom the provisions on retirement pension under the Labor Standards Act (the
old labor pension scheme) apply, the
pension shall be given in accordance with Article 55 of the Labor Standards Act.
Where an employee who is required to retire pursuant to Subparagraph 2 of
Article 35 (1) above of the Act is physically or mentally disabled as a result of performing his/her
duties, the Company shall pay an additional 20% of the
pension in accordance with Subparagraph 2 of Article 55 (1) of the Labor
Standards Act.
3.
For employees
to whom the provisions on retirement pension under the Labor Pension Act (the
new labor pension scheme) apply, the Company shall reserve on a monthly basis
an amount equivalent to ___% (no less than 6%) of the employees’ wage and remit
the said amount to the pension account of the individual employee.
(※1.
If the Company was established after or on July 1, 2005, its business applies to
the Labor Standards Act and the Company has employed no foreign workers, the
Company shall contribute to the pension fund for
its employees in accordance with the Labor Pension Act. In this subparagraph,
the Company only needs to provide that “As of __ (dd) __ (mm) _____(yyyy) when
the Labor Standards Act is applicable to the Company, the Company shall reserve
on a monthly basis an amount equivalent to ___% of the employees’ wage (no less
than 6%) and remit the said amount to the pension account of the individual employee.”
Subparagraphs 1 and 2 of this Article may be deleted.
2.
If the business of the Company was designated to apply to the Labor Standards
Act after or on July 1, 2005 and the Company has employed no foreign workers,
retirement pensions shall be paid to employees of the Company in accordance
with Subparagraphs 1 and 3 of this Article. Subparagraph 2 shall be deleted.)
Article
37 (Payment of Retirement Pension)
The Company
shall pay a retiring employee the retirement pension calculated pursuant to the
provisions on retirement under the Labor Standards Act within thirty days from
the date of the retirement.
Article
38 (Request for Retirement Pension)
For an
employee to whom the Labor Standards Act is applicable, his or her right to
claim retirement pension shall be forfeited if the said right is not exercised within
five years from the month following the effective date of the retirement. The
right to claim retirement pension shall not be transferred, cancelled, pledged
or offered as collateral.
An
employee may prepare supporting documents and open a specific account with a financial
institute to deposit the retirement pension referred to in the preceding
paragraph. The deposits in the specific account shall not be cancelled, pledged,
offered as collateral or become a target to be enforced.
Chapter
6 Female Employees
Article
39 (Protection of Female Employees During Night Shift)
If a
female employee is unable to work between 10PM and 6AM due to health or any
other legitimate reason, the Company shall not require her to work.
A
female employee who is pregnant or breast-feeding shall not work between 10PM
and 6AM.
(※According to Interpretation No. 807
issued by the Judicial Yuan on August 20, 2021, the following provisions are
contrary to the purpose of gender equality protection under Article 7 of the
Constitution of the Republic of China and shall be rendered invalid on the date
of issuance of this interpretation: “The Company shall not make female
employees work between 10PM and 6AM, unless otherwise approved by the labor
union or, if the Company has no labor union, by the labor-management meetings
and provided that the following requirements are satisfied: 1. The necessary
safety and health facilities are provided. 2. Where there is no public
transportation available, the Company shall arrange for transportation or
dormitories for female employees.” Where the Work Rules has provided for safety
and health facilities, transportation and other assistance to employees during
night shift before the foregoing provisions are rendered invalid, the Company
shall continue to abide by such provisions in the Work Rules.)
Article
40 (Protection Given Before and After Birth)
During the pregnancy, a
female employee may apply to be transferred to less strenuous work (if any) and
the Company shall not refuse, and shall not reduce her wage.
Chapter
7 Attendance, Review, Rewards, Sanctions
and Promotions
Article
41 (Lateness and Leaving Work Early)
Employees shall come
to work and leave work on time and shall promptly punch-in (or sign-in) according
to the rules. The provisions regarding lateness, leaving work early, and absence
from work are as follows:
1. Where an employee comes to work ___ minutes after the
prescribed time for the commencement of work, the said employee shall be deemed
as being late to work, except in case of accidents, where the authority in
charge has agreed for the employee to take a leave.
2. Where an employee leaves work ___ minutes before the prescribed
time for the end of work without cause, the said employee shall be deemed to
have left work early.
3. Where an employee is absent from work without cause for his
or her failure to complete the procedure of leave taking or continuation of
taking leave upon expiry of the permitted leave of absence, the said employee shall
be deemed to have been absent without notice.
4. Where an employee fails to either obtain approval from his
or her supervisor or complete the procedure of leave taking and leaves work
during work hours, the employee shall be deemed to have been absent without
notice during the said period of time.
Article
42 (Performance Review)
In order to encourage
the spirit of hard work and ensure the progress of work, the Company may, depending
on the needs thereof, conduct employee performance reviews.
Article
43 (Reward, Sanction and Promotion)
In order to encourage the spirit of hard work and ensure the
progress of work, the Company may reward, sanction and promote employees based
on their performance.
(※The Company may enact its
rules regarding reward, sanction and promotion, provided, however, that the rules
regarding sanction must be specific and unequivocal, while individual sanctions
must be appropriate and fair. The Company shall not abuse its power.)
Chapter
8 Compensation for Occupational Accidents
and Condolence Compensation
Article
44 (Compensation for Occupational Accidents)
Where an
employee is deceased, disabled, injured, or ill as a result of an occupational
accident, the Company shall compensate such an employee in accordance
with the following provisions. However, if, for the same accident, the Company has already paid
compensation pursuant to the Labor
Occupational Accident Insurance and Protection Act or other laws and regulations, the Company may deduct payment therefrom:
1. When an employee is injured or suffers from any
occupation-related disease, the Company shall compensate for necessary medical
expenses. The types of occupation-related diseases and the scope of medical treatments
covered shall be determined by the
relevant provisions under the Labor
Occupational Accident Insurance and Protection Act.
2. Where an employee is receiving medical treatment and is not
able to work, the Company shall compensate the employee in accordance with the amount
of wages originally received by the employee. However, if the employee is
unable to fully recover after two years of medical treatment and is diagnosed by
the designated hospital as being unable to carry out the work, and if the employee does not
satisfy the requirements for disability benefits under Subparagraph 3 of this
Article, the Company may, upon making a lump-sum payment equivalent to
forty months of the average wage, be released from its obligation to compensate
the employee.
3. After the termination of medical treatment, if the employee
is diagnosed by the designated hospital as continuing to suffer from disability, the Company
shall pay a lump-sum for disability compensation based on the employee’s
average wages and his/her level of disability. The standards of disability
compensation shall be as prescribed under the Labor Occupational Accident Insurance and Protection Act.
4. When an employee dies due to an occupational accident or
occupation-related disease, in addition to the payment of a funeral subsidy equivalent to five months of such an employee’s
average wage, the Company shall pay the surviving family members an amount equivalent
to forty months of the deceased employee’s average wage as compensation. The order
in which the surviving family members may receive the compensation shall be as
follows:
(1) Spouse
and children.
(2) Parents.
(3)
Grandparents.
(4) Grandchildren.
(5) Brothers
and sisters.
Article
45 (Deductions from Compensation for Occupational Accidents)
The amount of the
compensation to be paid by the Company pursuant to the preceding Article may be
applied towards the payment of damages arising from the same accident.
Article
46 (Period for Asserting a Claim of Compensation for Occupational Accidents)
The right to claim compensation
for occupational accidents compensation as prescribed under Article 44 shall be
forfeited if such a right is not exercised within two years after the date when
the employee becomes entitled to receive such compensation.
The right to claim compensation
for occupational accidents compensation shall not be effected upon for reasons related
to an employee’s resignation and shall not be transferred, cancelled, pledged
or mortgaged.
An
employee or his/her surviving family member who claims compensation for
occupational accidents in accordance with the Labor Standards Act may submit
documents of proof to open an account at any financial institution exclusively
for receiving compensation for occupational accidents. The amount deposited
into the account may not be the target for offsetting, seizure, collateral, or
enforcement.
Article
47 (Condolence Compensation)
(※Please specify the
provisions regarding condolence compensation.)
Chapter
9 Social Insurance, Welfare, Safety and
Health
Article
48 (Labor Insurance, Employment Insurance, Labor Occupational Accident Insurance, and
National Health Insurance)
All
employees are insured by the Company with labor insurance, employment insurance, labor occupational accident insurance, and national health insurance
pursuant to the laws and regulations and shall
be entitled to the payment according to the relevant laws and regulations. In a
situation where an employee suffer from any accident covered by insurance, the Company
shall complete all required procedures for the employee to receive insurance
benefits.
Article
49 (Employee Welfare)
In respect to the
employees’ welfare, the Company shall reserve welfare funds pursuant to the Employees’
Welfare Funds Act.
(※A factory, mine ground, financial institute, company, firm or
any enterprise or organization engaging in agriculture, fishery or pasturage
that has employed more than fifty persons shall reserve welfare funds pursuant to the Employees’ Welfare
Funds Act.)
(※If the Company has provisions regarding other employees’ benefits,
please list them herein.)
Article
50 (Safety and Health)
The Company shall
undertake safety and health measures in accordance with the Occupational Safety
and Health Act and the employees shall cooperate and comply with the relevant
regulations.
Chapter
10 Other Matters
Article
51 (Labor-Management Meetings)
In order to coordinate
the employer-employees relationship, to further understand each other, to
promote cooperation between the employer and the employees so as to increase efficiency
at work, the Company
shall convene labor-management meetings according to the “convocation
rules of the labor-management conference.” The meetings shall be held at least
every three months, providing a forum for communication and exchange of
comments. The employer and employees shall, based on the principle of good
faith, amicably negotiate in resolving issues.
Article
52 (Sexual Harassment Complaint Procedure)
If an employee
encounters sexual harassment in the work place, he or she may complain to _________ (Please specify the department/contact person.)
Complaint Tel: ___________ (Please specify.)
Complaint Fax: ___________ (Please specify.)
Complaint Email: ______________ (Please specify.)
Depending on the management needs, the Company may establish a
separate Employee Complaint Procedure.
(※If the Company has established
a complaint procedure, please list it herein.)
(※A company hiring more than
thirty employees must enact sexual harassment prevention measures, a complaint procedure
and sanctions framework, and must publicly disclose such measures, procedure
and framework in a public area. In the case that a complainant for sexual
harassment involves a dispatched worker, the division where the worker is
employed shall recognize such a complaint and conduct an investigation together
with the dispatching entity. If any sexual harassment is verified, the Company
or division office shall discipline the offender and shall notify the
dispatching entity and the complainant of the disciplinary measures taken.)
Article 53 (Supplementary Provisions)
In the event of any change
in the laws and regulations, matters not addressed herein or matters involving
other rights and obligations of the employees, the Company may, depending on its
actual needs, take action according to relevant laws and regulations.
Article
54 (Implementation)
The Work Rules shall
be announced and implemented upon approval by the competent authority. The same
shall apply in case of any amendments.
Guideline for the Review of
Work Rules
Promulgated
on October 29, 1984 by the order (73) Tai-Nei-Lao-Zi No. 266750 of the Ministry
of Interior
Amended
on October 9, 2001 by the letter Tai-90-Lao-Dong-1-Zi No. 48967 of the Council
of Labor Affairs, Executive Yuan
Amended
on October 17, 2003 by the letter Lao-Dong-1-Zi No. 0920058082 of the Council
of Labor Affairs, Executive Yuan
Amended
on August 22, 2008 by the letter Lao-Dong-1-Zi No. 0970130569 of the Council of
Labor Affairs, Executive Yuan
Amended
on January 20, 2010 by the letter Lao-Dong-1-Zi No. 0980131041 of the Council
of Labor Affairs, Executive Yuan
Amended
on April 3, 2014 by the letter Lao-Dong-Tiao-1-Zi No. 1030130681 of Ministry of
Labor
Amended
on January 23, 2015 by the letter Lao-Dong-Tiao-1-Zi No. 1040130078 of Ministry
of Labor
Amended
on December 28, 2015 by the letter Lao-Dong-Tiao-1-Zi No. 1040132744 of
Ministry of Labor
Amended
on December 28, 2016 by the letter Lao-Dong-Tiao-1-Zi No. 1050133064 of
Ministry of Labor
Amended
on August 25, 2017 by the letter Lao-Dong-Tiao-1-Zi No. 1060131723 of Ministry
of Labor
Amended
on February 12, 2018 by the letter Lao-Dong-Tiao-1-Zi No. 1070130112 of
Ministry of Labor
Amended on April 28, 2020 by the
letter Lao-Dong-Tiao-1-Zi No. 1090130374 of the Ministry of Labor
Amended on April 27, 2022
by the letter Lao-Dong-Tiao-1-Zi No. 1110140364 of the Ministry of Labor
1.
This Guideline is enacted to facilitate
the competent authority in reviewing the Work Rules pursuant to Article 70 of
the Labor Standards Act (hereinafter the “Act”).
2.
When the competent authority reviews
the Work Rules, it must give attention to the following:
（1）
The wording of the Work Rules must be
easy to understand and unequivocal. The terms used must be consistent with the
Act.
（2）
According to the principle of
explicitness regarding labor conditions, the contents of the Work Rules shall
be as complete as possible in accordance with Article 70 of the Act, except
where it is clearly unnecessary for a matter be included therein.
（3）
The Work Rules must be based on the
spirit of coordination and cooperation between the employer and the employees.
（4）
For matters which fall outside the
scope of application provided in the Work Rules, they shall be addressed by the
competent authority which shall assist the business entity in establishing an
applicable regulatory framework for such matters.
3. The administrative processing time spent by the competent authority for the review
of the Work Rules prepared by a business entity, based on the Sample Work Rules provided by Ministry of Labor, shall not exceed seven working days. In other circumstances, the processing time shall be limited to 14 working days. Where it is necessary, the review time may be extended once, and the total administrative processing time shall not exceed thirty days. Where the Work Rules submitted do not comply with the statutory procedure or process, the competent authority shall provide explanation thereof and notify the company for rectification. Where the competent authority has issued a rectification notice which requires consulting with outside agencies, or has transferred the case for clarification due to inquiries related to the applicability of the law, the period of time from the day of notice or transfer until the day of rectification or receipt of clarification shall be deducted from the aforementioned administrative processing time.
4.
The contents of the Work Rules shall
comply with the Act and related laws and regulations, and must be agreed to by
the employees. Where there are matters that are required to be reported or
approved, the company must submit the relevant documents for approval or shall
complete the procedure pursuant to the regulations before including such matters
into the Work Rules. For other matters, the company may also consult the
employees and submit relevant documents for approval.
5.
In the event that any employees submit
objections in respect to the content of the Work Rules, the competent authority
shall carefully consider such objections when reviewing the Work Rules.
6.
Where the contents of the Work Rules
are illegitimate or insufficient, the competent authority may instruct the
company to delete, amend or add thereto.
7.
The Work Rules of public enterprises
and institutions shall be enacted pursuant to Article 84 of the Act and the
competent authority shall carefully review the scope of application thereof and
legal basis therefor.
8.
This Guideline shall apply to the
review of the Work Rules enacted by a company hiring less than 30 employees.
9.
The competent authority shall, based on
extant laws and regulations and the actual circumstances, exercise its
authority in reviewing the Work Rules submitted by the company for review and
approval with reference to the Table attached hereto.
TABLE
|
Item 1 Specified in the
Work Rules Work Hours, Break Time,
Leave, Regular Days Off, Rest Days, Public Holidays, Special Leaves of
Absence and Rotation of Shifts for Continuous Work |
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|
Contents |
Legal Basis |
Matters Requiring Attention
when Reviewing the Work Rules |
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|
(1) Work Hours 1. Normal daily work
hours and the total number of weekly work hours. 2. Distribution of the
regular work hours to other days pursuant to Articles 30 (2), (3) and 30-1. 3. Commencement and end
of daily work hours. 4. Commencement and end
of every week. 5. Overtime work hours. 6. Children’s work hours.
Work hours shortened based on the physician’s
evaluation and recommendation. 7. Female employees’ night
shift hours 8.Breast-feeding time. 9. Work hours for work
under high temperature, delicate work, work requiring physical strength, work
on scaffolding, work under abnormal air pressure 10.
Work hours of a female worker who is pregnant or has delivered a baby within
a year for work that may impair her health (2) Break Time 1. Beginning and end of
break time 2. Provisions regarding
rescheduling break time (3) Regular days off and rest days 1.Method of scheduling
regular days off and rest days 2. Standards regarding
the payment of wages when a regular day off is cancelled and provisions
regarding days off as compensation thereof 3. Attendance on rest
days (4) Memorial Day, Labor
Day, etc. 1. Dates of the holiday 2. Standards regarding
the payment of wages when the holiday is cancelled and provisions regarding
days off as compensation thereof (5) Annual paid leave 1. Calculation of the
number of days of annual paid leave 2. Method of scheduling
annual paid leave and the application procedure in respect thereto 3. Procedure for
employees to apply for annual paid leave 4. Informing employees in
writing of the dates scheduled for annual paid leave and the amount of wages
for unused days of annual paid leave 5. With the consent of
the employee and the Company, the days of annual paid leave unused by the
employee before the end of the year may be used in the following year. When
the deferred days of annual paid leave are still not used at the end of the
following year or the expiration of his or her contract, wages for the unused
days of annual paid leave shall be paid to the employee. 6. Standards regarding
the payment of wages when leave is cancelled and provisions regarding days
off as compensation thereof (6) Maternity Leave for
Female Employees 1. Calculation of
maternity leave 2. Provisions regarding
the payment of wages during the maternity leave (7) Leave of Absence 1. Numbers of days for
different types of leave 2. Payment of wages
during the leave 3. Leave taking procedure (8) Rotation of Shift for
Continuous Work 1. Commencement of each
shift and the method of shift rotation. 2. Hand-over of work from
one shift to another |
Articles 30 (1), (2) and
(3) and 30-1 of the Act (the Articles cited hereunder shall refer to the
Articles of the Act unless otherwise specified). Article 32 Articles 47 and 48, and
Article 29 (3) and relevant provisions of the Occupational Safety and Health
Act. Articles 49 and 30-1. Article 52; Article 18 of
the Act of Gender Equality in Employment. Article 19 and relevant
provisions of the Occupational Safety and Health Act. Article 31 and relevant
provisions of the Occupational Safety and Health Act. Article 35. Article 36. Article 40. Articles 32 and 36 Article 37 Articles 39 and 40 Article 38 Article 38 Article 38 Article 38 Article 38 Articles 39, 40 and 41. Article 15 of the Act of
Gender Equality in Employment. Article 50. Articles 22, 23 and 43. Articles 14 to 16 and 20
of the Act of Gender Equality in Employment Article 34 |
Normal work hours per day
shall not exceed 8 hours, the aggregate number of work hours per week shall
not exceed 40 hours. Distributed work hours
shall not exceed 2 hours per day in accordance with Articles 30 (2) and 30-1
and shall not be applicable to child employees. Need not be consistent
with the calendar days. 1.
The
conditions and procedure shall comply with the regulations. 2.
Special
provisions apply to work under tunnels. 1.
Child
employees’ work hours are limited to 8 hours per day and 40 hours per week,
with restrictions on working night shifts. The above rule is also applicable
to workers under 15, regardless of employment relationship. 2.
The
conditions and procedure shall comply with the regulations. 3.
A
worker under 18 has to receive physical examination in accordance with the
Occupational Safety and Health Act. If the result of the physician’s
evaluation suggests that total work hours need to be decreased, the employer
shall take the physician’s suggestion into consideration. The conditions and
procedure shall comply with the regulations. Breast-feeding time is deemed
as working time. Where necessary, labor inspection institutions shall be contacted for better
understanding of the work involved Pay attention to whether
there is any appropriate assessment scheme for physicians, and adjust work to
protect the health of female workers. Pay attention to the legal
reasoning for requiring break times and the reasons for rescheduling. All shall be explicit.
Ensure that regular days off and rest days provided shall not be less than
the number stipulated by regulations. There must be legitimate
conditions. Dates must be specified. Grounds for cancelling
holidays and the procedure in respect thereto. Annual paid leave shall
be calculated based on the date from which seniority began to be accumulated.
The wages for unused days of annual paid leave shall be settled at the end of
the year or upon expiration of the contract. Where the days for annual leave
deferred to the next year are unused at the end of the next year or upon
expiration of the contract, the wages for such unused days for annual leave
shall paid to the employee. Dates for annual leave
shall be arranged by the employee. With the consent of the
employees and the employer, days of annual paid leave may be deferred to the
next year. Wages for unused days of leave shall be paid at the end of the
year or upon expiration of the contract. Grounds for cancelling
the scheduled leave and procedure of cancellation All shall be explicit and
shall not be less than the standards required by law. Compliance with the
provisions regarding the normal work hours and holidays as required by law,
and the reason and procedure of changing break time in accordance with the
proviso. Provisions regarding the
rotation of day shifts and night shifts. |
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|
Item 2 Specified in the
Work Rules Wage Standards, Method of
Calculation and Pay Day |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Standards for Wages 1. The amount of the wage 2. Wages for male and
female employees (2) Calculation of the
wage 1. By months, by days, by
hours, by case and the method of calculation 2. Name of the items. 3. Adjustment of wages (3) Payment of wages (4) Other matters related
to wages 1. Standards for the
extension of work hours and the payment of overtime pay (1) Rest days and
ordinary circumstances (2) Regulations of
overtime and compensatory leave (3) Natural disasters,
emergencies, unexpected events on a regular working day (4) Natural disasters,
emergencies, unexpected events on a rest day 2. Wages for work during
holidays (1) Ordinary
circumstances (2) Natural disasters,
emergencies, unexpected events 3. Wages for female
employees on maternity leave 4. Wages for work during natural
disasters |
Article 21 Article 25 Article 22 Article 23 Article 24 Article 32-1 Paragraph 3 of Article 24
(1) and Article 32 (4). Articles 24 (2) and 32
(4). Article39. Article 40. Article 50. Guidelines for Management
of Attendance of Business Entity Employees upon Natural Disaster and Payment
of Wages |
The basic wage shall be
announced by the Ministry of Labor. The wage negotiated and agreed by the
employer and employee shall not be lower than the basic wage. The wage shall
be set by agreement and male employees and female employees shall be entitled
to the same amount of remuneration for the same kind of work. Must be specific and may
be indicated by words, lists or formula. Must be listed
explicitly. Attention should be given
to the reasonableness and framework
thereof.
1.
Payment Date; Wages shall be paid at least once each month. 2.
The
employer shall maintain a record of wages paid, which shall indicate wages paid
to employees, method of wage calculation, and the total amount of wages. Calculation of the
standard amount and the amount shall increase pro rata. 1.
With
the consent of the employer, the employee may choose to take compensatory
leave for overtime work on a regular working day or a rest day, and hours of
compensatory leave shall be calculated based on work hours. 2.
The
period for taking compensatory leave is determined through negotiation by the
employee and the employer. 3.
The
wage for any compensatory leave not taken yet upon expiration of the period
for taking compensatory leave shall be calculated based on the daily wage and
paid to the employee. 4.
The
employer shall not require that all employees choose compensatory leave
instead of wages for extension of work hours or work on rest days. Calculation
base and double pay. Calculation of the
standard amount and paid in double, days off as compensation thereof shall be
granted thereafter. Determination
of the wages paid to employees who are unable to go to work due to natural
disasters and the wages paid to employees who are required to work by the
employer. |
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|
Item 3 Specified in the
Work Rules Extension of work hours |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Overtime work which
the employee thinks necessary (2) Overtime work for
natural disasters, emergencies or unexpected reasons (3) Overtime work for the
convenience of the public or for other special reasons |
Article 32 (1), (2) and
(3). Article 32 (4). Article 33 |
The procedure and the
extension of work hours shall comply with the regulations. The employer shall
provide employees with days off as compensation. The conditions and
procedure shall comply with the regulations. Moreover, Article 19 of the
Occupational Safety and Health Act and the related provisions must be taken
into consideration. The work hours for child employees shall not be extended.
The spirit of the Act shall be respected. |
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|
Item 4 Specified in the
Work Rules Allowances and Bonuses |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Year-end bonuses or
distribution of bonuses 1. Proportion of the
bonuses to the profit surplus 2. Criteria for the
receipt thereof and the method of calculation 3. Time of distribution (2) Holiday bonuses (3) Amount of different
kinds of allowances and the criteria for the distribution thereof (4) Granting of bonuses
for productivity, efficiency,
full attendance or other kinds of motivational bonuses |
Article 29; Article 21 of
the Act of Gender Equality in Employment |
Must be specific and
provide objective standards. Ensure that the rights of
the employee shall not be damaged when the employee requests a bonus
or allowance in accordance with the law. The amount and
distribution thereof must be specific. Whether such allowances
are considered part of the employee wages in nature and whether there are
provisions regarding the deduction or distribution thereof. 1.
Whether
such allowances are considered part of employee wages in nature and whether
there are provisions regarding the deduction or distribution thereof. 2.
The
calculation of a full attendance award shall be based on the days for which
the employees have fulfilled their duty by coming to work. |
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|
Item 5 Specified in the
Work Rules Disciplinary Measures |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Statutory
disciplinary measures (2) Disciplinary measures
as mutually agreed by the parties with respect to the following: 1. Loyalty to the Company 2. Maintenance of order in
the work place 3. Maintenance of the
credit, reputation and business secrets of the Company 4. Protection of the
mutual interests of the employer and the employees 5. Full-time duty during normal working hours (except where the
employer has agreed to the employees taking on side jobs) |
Subparagraphs 1 to 3, 5
and 6 of Article 2 (1) |
Must be explicit and
specific and shall not exceed the scope permitted by law. Establish the necessary
management guidelines based on the principle of cooperation between employees
and employer to promote business development: 1.
The
moral character and dignity of the employees shall not be damaged. 2.
In
principle, the personal conduct of the employees outside of the work place
shall not be interfered with. 3.
Act
based on mutual respect and cooperation between the employer and employees. 4.
Comply
with the general social rules. 5.
Important
provisions shall be set out explicitly. |
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|
Item 6 Specified in the
Work Rules Attendance, Taking Leave,
Rewards and Sanctions and Promotions |
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|
Content |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Attendance 1. Standards for Attendance
and Leaving Work 2. Method of conducting attendance
review (2) Taking leave and
provisions related to wages during leave (3) Rewards and sanctions 1. Classification for levels
of awards and sanctions. 2. Facts and the levels
of awards and sanctions 3. Conversion of awards
and carrying out of sanctions (4) Promotions and
Transfers 1. Promotion 2. Horizontal transfer 3. Demotion (5) Labor Complaint |
Article 43 Article 10-1 Article 74 |
Attendance should be
recorded by specific methods such as punch-in or sign-in (off). With the aim of
encouraging professionalism at work. Shall not be lower than
the required standards. Measures of sanction
shall not include dismissal or salary reduction, and no punitive or
compensatory fines shall be imposed. In principle, the Company
shall respect the willingness of the employee. In case of a transfer, it
shall comply with applicable provisions of Article 10-1. Punitive demotion shall
be made according to the specific provision and facts and shall take into consideration
the employee ‘s ability. Must be specific. |
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Item 7 Specified in the
Work Rules Recruitment, Transfer,
Dismissal, Termination, Resignation and Retirement |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Recruitment 1. Methods and conditions
of recruitment 2. Procedure for
commencing work (2) Transfer (3) Dismissal 1. Grounds for dismissal (1) Breach of statutory disciplinary provisions (2) Severe breach of agreed
disciplinary provisions 2. Labor complaint and
protection measures (4) Termination 1. Grounds for
termination 2. Issuance of severance
payment 3. Notice period (5) Resignation 1. Causes of resignation (1) Attributable to
Employer (2) Voluntary resignation (3) Notice period 2. Where the resignation
is attributable to an Employer, there should be severance payment (6) Retirement provisions
1.Contribution and
issuance of retirement pensions 2. Notice period (7) Issuance of service
certificate upon resignation |
Article 10-1 Subparagraphs 1 to 3, 5
and 6 of Article 12 (1). Subparagraph 4 of Article
12 Article 74 (2) Article 11, proviso of
Article 13, Article 20. Article 84 of the Labor Occupational
Accident Insurance and Protection Act. Subparagraph 4 of Article
2 (1), Articles 17 and 84-2; Articles 11 (2) and 12 of the Labor Pension Act. Article 16. Article 14 (1). Article 85 of the Labor Occupational Accident Insurance and
Protection Act. Article 15. Articles 15 and 16 Articles 17 and 84-2;
Articles 11 (2), Article 12 (1) and (3) of the Labor Pension Act Articles 53, 54, 55, 56,
58 and 84-2; Article 6, 11 (2), 12 (3), 14 and 16 of the Labor Pension Act. Articles 15 (2) and 16. Article 19. |
The provisions shall not
violate the Employment Services Act or discriminate against particular
persons. Must be specific and
comply with Article 10-1. Attention should be given
to the reasonableness and specification of general social rules. It should be
balanced with the labor contracts. Attention should be drawn
to the specific matters that may influence operation of the enterprise. If
the result of a review indicates that during the probation period, an
employee is not competent, such incompetence is not a serious violation of
discipline. When an employee files a
complaint, the employer shall not dismiss or treat the employee unfavorably. 1.
Attention
should be drawn to the specific matters and the reasonableness thereof. 2.
The
employee and the employer may determine a period of probation based on the
nature of work without violating applicable laws and pursuant to the
principle of contractual sincerity, even though the provisions for probation
period have been deleted from the Enforcement Rules of the Labor Standards
Act. However, if the employer intends to terminate the labor contract during
the probation period or upon its expiration, the employer shall do so in
accordance with Articles 11 and 12 and the proviso of Article 13. Attention should be given
to the pension regulations applicable to the employees. Attention should be drawn
to the specific matters and the reasonableness thereof. Attention should be given
to the provisions related to compensation after the termination of the
contract and whether such provisions comply with the principle of balance. 1.
The
notice period required for resignation of an employee shall not be longer
than that stipulated in Article 16. 2.
The
employee and the employer may determine a period of probation based on the
nature of work without violating applicable laws and pursuant to the
principle of contractual sincerity, even though the provisions for probation periods
have been deleted from the Enforcement Rules of the Labor Standards Act.
However, during the probation period or upon its expiration, the employer
shall not arbitrarily request the employee to resign or deem that the
contract has been terminated automatically. Attention should be given
to the pension regulations applicable to the employees. Attention should be given
to the pension regulations applicable to the employees. The notice period
required for voluntary retirement of an employee shall not be longer than
that stipulated in Article 16. The certificate of
employment shall not state any content that is unfavorable to the employee. |
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Item 8 Specified in the
Work Rules Compensation for
Occupational Accidents and Condolence Compensation |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Compensation for
occupational accidents (2) Condolence
compensation for general accidents |
Article 59 Article 70 |
Must comply with the
provisions. Must be specific and
unequivocal. |
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Item 9 Specified in the
Work Rules Occupational Welfare |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Legal provisions for
matters of occupational welfare (2) Employees’ welfare
provided by the Company |
Employee Welfare Fund Act |
Must comply with the
provisions thereof. Must be specific. |
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|
Item 10 Specified in the
Work Rules Measures to prevent
sexual harassment in the workplace |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) The
employer shall make efforts to prevent sexual harassment. (2) The
employer shall take effective correction measures and implement remedies
immediately once aware of any occurrence of sexual harassment. |
Act of Gender Equality in
Employment and applicable regulations |
1.
Measures
to address the prevention, complaint and punishment of sexual harassment are
established in accordance with the Regulations for Establishing Measures of
Prevention, Correction, Complaint and Punishment of Sexual Harassment at
Workplace. 2.
The
employer has the responsibility to make efforts towards preventing employees
from sexually harassing others. If the result of an investigation verifies
any sexual harassment, the employer shall discipline the offender. 3.
If
a complainant of sexual harassment is a dispatched worker, the division where
the worker is employed shall accept his or her complaint and conduct an investigation
together with the dispatching entity. If the sexual harassment is verified, the
employer shall discipline the offender and shall notify the dispatching
entity and the complainant of the disciplinary measures taken. |
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|
Item 11 Specified in the Work
Rules Regulations of
occupational safety and health abided by the employees and the employer |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Measures taken by the
employer to prevent occupational accidents (2) Regulations provided
for employees to comply with the measures referred to in the preceding item |
Article 8; Occupational
Safety and Health Act and applicable regulations |
1.
The
measures taken by the employer shall be consistent with the regulations
provided for employees to comply with, especially in terms of equipment and
expenses. 2.
If
the employer dismisses the employee in violation thereof, the grounds for
dismissal shall be specified explicitly. |
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|
Item 12 Specified in the
Work Rules Methods to Enhance Communication
and Cooperation between Employer and Employees |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Communication and
cooperation required by law 1. Labor complaint review
mechanism 2. Labor-management
meetings (2) Communication and
cooperation as agreed by the parties |
Article 74 Article 83 |
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Item 13 Specified in the
Work Rules Miscellaneous |
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|
Contents |
Legal Basis |
Matters Requiring
Attention when Reviewing the Work Rules |
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|
(1) Establish a proper
work environment. (2) Enhance relationship
between the employer and employees 1. Encourage improvement in
work 2. Commend performance 3. Group activities (3) Matters related to
apprenticing |
Article 8 Article 1 Applicable parts of
Chapter 8 |
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Frequently Asked Questions and Answers
(Q&A) on the Work Rules
|
Q1:
What are the Work Rules? What should be included in the content of the Work
Rules? |
|
A:
According to Article 70 of the Labor Standards Act, an employer hiring more
than 30 employees shall enact the Work Rules and shall establish the
provisions related to issues such as work hours, break times, holidays, wages,
allowances and bonuses, attendance, leaves of absence, recruitment,
dismissal, termination, resignation and retirement, compensation for
occupational accidents, etc., depending on the nature of the business. The
Work Rules shall be publicly disclosed after having obtained the approval
from the competent authority. The detailed contents of the provisions can be drafted
with reference to the Sample Work Rules provided by the Ministry of Labor. |
|
Q2:
Why should a company enact the Work Rules? Is it mandatory? |
|
A:
According to Article 70 of the Labor Standards Act, an employer hiring more
than 30 employees shall enact the Work Rules. In the event where an employer
breaches such obligation, according to Article 79 (3) and (4) of the same
Act, the employer may be punished by the competent authority by a fine of not
less than NT$20,000 and not more than NT$300,000. Additionally, the
competent authority may, in accordance with the size of business, the number
of violating persons or the circumstances of violations, increase the penalty
by an additional 50% above the maximum amount of the legal fine, and may also
publicly announce the name of such a business entity and the name of its
owner and order such a business to make improvements within a given period in
accordance with Article 80-1 (1) of the Act. Failure to make improvements
shall result in subsequent fines. A
company hiring less than 30 employees may decide to enact the Work Rules or
not, provided that, if it decides to enact the Work Rules, such a company may still comply with Article 70 of the Labor
Standards Act and shall publicly
disclose the Work Rules after having obtained the approval from the competent
authority. |
|
Q3:
After the enactment of the Work Rules, will the company become less flexible
and the management regime become more rigid as a result thereof? |
|
A:
The contents of the Work Rules are important internal management rules
enacted by an employer depending on the nature of its business and greatly
affect the labor conditions and interests of the employees. Therefore, the
Work Rules must be submitted to the local labor affairs authority for
approval before the said Rules can be publicly disclosed. The same applies in
respect to amendment of the Work Rules. Moreover, if the employer wishes to alter
any labor conditions under the Work Rules which were better than the labor
conditions set out in the Labor Standards Act, the employer must negotiate
with the employees in respect thereof. Thus, matters provided for under the
Work Rules cannot be changed or amended at any time. As such, it is
recommended that matters provided thereunder should be of certain
“importance” and “continuity.” If there are matters that may be amended by
the company from time to time and are not mandatorily required to be included
therein, e.g., educational training, dress code, service standards, group
insurance, etc., it would be more appropriate to include such matters under
the internal management regulations of the company and not have them included
under the Work Rules. Furthermore, provisions regarding wage are deemed valid
as long as the said provisions do not breach Articles 21 to 28 of the Labor
Standards Act. As to matters such as wage adjustments, year-end bonuses, the
amount of or standards for the distribution of bonuses, if such matters may
be subject to change from time to time depending on business operations of
the company, in order to ensure the flexibility of the company’s operation,
it is recommended that provisions related thereto be enacted with certain
flexibility. |
|
Q4:
What are the issues that should not be included in the Work Rules? |
|
A:
Certain provisions are invalid without the consent of individual employees, e.g.,
provisions regarding non-competition after resignation, the minimum period of
employment, penalties and damages, and the ownership of copyright, etc. If it
is necessary to set out these provisions, it would be more appropriate to
include such provisions within the labor contracts. |
|
Q5:
What are the issues and principles that a company should look out for when
enacting the Work Rules? |
|
A:
1. If the company provides for rules
related to disciplinary compliance, attendance and rewards, and sanctions
under the Work Rules, the contents thereof must be detailed, reasonable and
clear cut, and shall not use any term indicating uncertainty such as “other
circumstances.” 2. The labor conditions are negotiated
and agreed upon by the employer and the employees. If the employer wishes to alter
the labor conditions under the Work Rules which were better than the labor
conditions set out in the Labor Standards Act, the employer must negotiate
with the employees in respect thereof. For the labor conditions involving an
individual worker, the employer shall obtain the consent of the individual
worker. |
|
Q6:
What is the procedure for enacting the Work Rules and what is the procedure
used by the labor affairs authority to review the Work Rules? |
|
A:
Please refer to Attachment 2 “Process for Application for Review of Work
Rules” and Attachment 4 “Standard Work Rules Review Process by the Local
Labor Affairs Authority.” |
|
Q7:
When a company enacts the Work Rules, what are the issues that must be resolved
by the labor union or by the labor-management meeting? |
|
A:
Please
refer to Articles 30, 30-1, 32, 34 and 36 of the Labor Standards Act
regarding working hours. In
addition, where the provisions on the sanction or dismissal of employees involve
factual determinations on a case-by-case basis, if it is necessary to clearly
list the criteria for such determinations in the Work Rules. Such criteria
shall be negotiated by the employer and the employees and clearly set out in
the Work Rules, so as to avoid potential disputes in the future. |
|
Q8:
What is the difference between the Work Rules and the internal employees’
handbook or management rules (regulations)? |
|
A:
1. The Work Rules are the rules that the
law requires an employer to provide, which clearly detail the labor
conditions and important issues under the Labor Standards Act, so that both
the employer and the employees can fully understand the rights and
obligations of each other thereunder. The Work Rules must be submitted to,
and approved by, the competent authority. Any Work Rules not submitted to,
and approved by, the competent authority are not effective in accordance with
the Act. To protect the rights of employees, the employer shall not cite any
provision of unapproved work rules to terminate labor contracts. 2. If the contents of the manual for
employees or the rules (regulations) of management established by the company
qualify as individual work rules as stipulated in Article 39 of the
Enforcement Rules of the Labor Standards Act, the manual or the rules shall
also be reported to the labor affairs authority for approval in accordance
with Article 70 of the Labor Standards Act. |
|
Q9:
What is the difference between the Work Rules and the Labor Contracts and
Collective Agreements? |
|
A:
According to Subparagraph 6 of Article 2 (1) of the Labor Standards Act, the labor
contract refers to a contract that regulates the employer-employee
relationship. According to Article 2 of the Collective Agreement, the collective
agreement refers to the written agreements executed by and between the
employer or the employing entity with legal status, and the union established
pursuant to the Labor Union Act for the purpose of governing labor-management
relations and other related matters. An employer hiring more than 30
employees shall enact Work Rules pursuant to Article 70 of the Labor
Standards Act and shall set out the provisions related
to issues such as work hours, leave, wages,
attendance and recruitment depending on the nature
of the business. According to Article 19
of the Collective Agreement Act, “Working conditions agreed upon in a
collective agreement are certainly the contents of a labor contract between
an employer and workers of that collective agreement. If working conditions
in a labor contract differ from the stipulations in a collective agreement,
those portions that are different shall become ineffective; and those
portions that are ineffective shall be replaced by stipulations in the
collective agreement. However, if the stipulations which differ from the collective
agreement are allowed by that agreement, or are intended to improve working
conditions for the benefit of workers, and are not forbidden by the
collective agreement, then the foresaid stipulations shall remain effective.”
Additionally, according to Article 71 of the Labor Standards Act, “the work
rules shall be null and void if they violate any mandatory or prohibitive
provisions of statutes, administrative regulations, or collective agreements
applicable to a particular business entity.” |
|
Q10:
Can deduction of wages, and/or punitive or compensatory fines be stipulated
in the Work Rules? |
|
A:
The Work Rules may include provisions for discipline and punishment, but the
employer shall not stipulate any punitive or compensatory fines in the Work
Rules because the employed workers labor for the purpose of obtaining
remuneration. The appropriateness of the provisions for penalties in lieu of
fines shall be determined by the labor affairs authority. |
|
Q11:
Is an employer allowed to post the Work Rules on the intranet and request
employees to check and download them instead of printing and distributing the
Work Rules to each employee? |
|
A:
1. According to Article 70 of the Labor
Standards Act, an employer hiring more than 30 workers shall establish work
rules in accordance with the nature of the business and shall publicly
display the said rules after they have been submitted to the competent
authority for approval. Additionally, according to Article 38 of the
Enforcement Rules of the Labor Standards Act, after the work rules have been
approved by the competent authority, the employer shall display them in the
workplace and distribute a copy to each worker. 2. The method of “publicly displaying”
means publicly announcing and distributing a copy of the rules to each
worker. “Announcing” means displaying in the obvious place where workers
enter and leave. “Printing and distributing to each worker” means printing
and distributing a copy to each worker for his or her record and reference. 3. If a business entity posts the work
rules on its intranet so that employees are able to browse and review the
rules from time to time, such a method of displaying the work rules is
appropriate, provided that the business entity shall also provide a hard copy
of the work rules in the work place for employee reference. Employees should
also be required to sign their name after receiving and reviewing the hard
copy of the Work Rules. Additionally, the Company shall provide a download
service for the rules free of charge (instead of printing and distributing a
copy to each worker). |
|
Q12:
Is the company required to report any amendment to the Work Rules to the
labor affairs authority for approval? |
|
A:
1. according to
Article 70 of the Labor Standards Act,
an employer hiring more than 30 workers shall establish work rules in
accordance with the nature of the business and submit the rules to the
competent authority for approval. The obligations of “establishing” the Work Rules
includes “establishing” and “modifying.” Additionally, according to Article
37 of the Enforcement Rules of the Labor Standards Act, the Work Rules shall
be revised from time to time according to changes in statutes and
administrative regulations, worker-employer agreements or management systems. 2. As summarized above, the Work Rules
shall be revised from time to time according to changes in statutes and
administrative regulations, worker-employer agreements or management systems.
The revised rules shall be submitted to the labor affairs authority for
approval. |
|
Q13:
How shall employees be counted to determine if a company employs “more than
30 workers” as indicated in Article 70 of the Labor Standards Act? |
The number of workers employed by an employer, as indicated in Article 70 of the Labor Standards Act, shall be determined in accordance with Article 22-1 (1) of the Enforcement Rules of the Labor Standards Act. The number shall be calculated based on the number of workers employed by the same employer, including those from different branches of a single business entity. |
Local
Labor Affairs Authority Contact Information
|
Name
of the Agency |
Telephone |
Address |
|
Department of Labor, Taipei
City Government |
02-27208889 |
5F., No.1, City Hall Rd.,
Xinyi District, Taipei City 110204 |
|
Labor Affairs Department,
New Taipei City Government |
02-29603456 |
7F, No. 161, Sec. 1,
Zhongshan Road, Banqiao District, New Taipei City 220242 |
|
Department of Labor, Taoyuan
City Government |
03-3322101 |
3F & 4F, No. 1,
Xianfu Road, Taoyuan City 330206 |
|
Labor Affairs Bureau, Taichung
City Government |
04-22289111 ext. 35099 |
4F, Huazhong Building,
No. 99, Sec. 3, Taiwan Boulevard, Xitun District, Taichung City 407610 |
|
Labor Affairs Bureau, Tainan
City Government |
06-6320310 (Headquarters) 06-2982331 (Yonghua Civic Center) |
8F, No. 6, Sec. 2,
Yonghua Road, Anping District, Tainan City 730201 (Yonghua Civic Center) 7F, No. 36, Minzhi Road,
Xinying District, Tainan City 708201 (Headquarters) |
|
Labor Affairs Bureau, Kaohsiung
City Government |
07-8124613 |
No. 6, Zhenzhong Road,
Qianzhen District, Kaohsiung City 806036 |
|
Department of Social
Affairs, Keelung City Government |
02-24201122 |
No. 1, Yi First Road,
Zhongzheng District, Keelung City 202201 |
|
Department of Labor Affairs,
Ilan County Government |
03-9251000 |
No. 1, Xianzheng N. Road,
Neighborhood 3, Kaixuan Village, Ilan City 260011 |
|
Department of Labor
Affairs, Hsinchu County Government |
03-5518101 |
No. 10, Guangming 6th
Road, Zhubei City, Hsinchu County 302099 |
|
Department of Labor
Affairs, Hsinchu City Government |
03-5324900 |
2F., No. 99, Longshan W.
Rd., East Dist., Hsinchu City 300047 |
|
Labor and Youth Development
Department, Miaoli County Government |
037-322150 |
No. 1, Fuqian Road,
Miaoli City 360006 |
|
Department of Social and
Labor Affairs, Nantou County Government |
049-2222106～9 |
No. 660, Zhongxing Road,
Nantou City 540225 |
|
Department of Labor
Affairs, Changhua County Government |
04-7264150 |
8F, No. 100, Zhongxing
Road, Changhua City 500010 |
|
Labor and Youth Affairs Development
Department, Yunlin County Government |
05-5522810 |
No. 515, Sec. 2, Yunlin
Road, Douliu City, Yunlin County 640201 |
|
Social Affairs Bureau, Chiayi
County Government |
05-3620900 |
No. 1, E. Section,
Xianghe 2nd Road, Taibao City, Chiayi County 612009 |
|
Social Affairs Department,
Chiayi City Government |
05-2254321 |
No. 199, Zhongshan Road,
E. District, Chiayi City 600211 |
|
Labor and Youth Development
Department, Pingtung County Government |
08-7558048 |
No. 17, Ziyou Road,
Pingtung City 90081 |
|
Department of Social
Affairs, Taitung County Government |
089-351834 |
No. 210, Guilin N. Road,
Taitung City 950014 |
|
Social Affairs Department,
Hualien County Government |
03-8227171 ext. 380～393 |
No. 17, Fuqian Road, Hualien City, Hualien County 970270 |
|
Social Affairs Department,
Penghu County Government |
06-9274400 ext. 531; 532; 355 |
No. 32, Zhiping Road,
Magong City, Penghu County 880003 |
|
Social Affairs Department,
Kinmen County Government |
082-373291; 082-371450 |
No. 173, Minquan Rd.,
Jincheng Township, Kinmen County 893014 |
|
Civil Affairs Department,
Lienchiang County Government |
0836-22381 |
No. 76, Jieshou Village,
Nangan Township, Lienchiang County 209001 |
|
Export Processing Zone
Administration, Ministry of Economic Affairs |
07-3611212 ext. 412～418 |
No. 600, Jiachang Road, Nantzu
Export Processing Zone, Kaohsiung City 811636 |
|
Hsinchu Science Park
Administration, Ministry of Science and Technology |
03-5773311 ext. 2310～2316 |
No. 2, Xinan Road,
Hsinchu City 300091 |
|
Central Taiwan Science
Park Administration, Ministry of Science and Technology |
04-25658588 ext. 7911; 7913; 7919～7920 |
No.
2, Zhongke Road, Xitun District, Taichung City 407726 |
|
Southern Taiwan Science
Park Administration, Ministry of Science and Technology |
06-5051001 ext. 2303; 2319; 2326 |
No. 22, Nanke 3rd
Road, Xinshi District, Tainan City 744094 |
Attachment
1
Sample
of Application (Amendment) Letter
Recipient:
Date of Issuance: _____ (DD) _______ (MM) ________ (YYYY)
Issuance No.: __________Zi No. ____________
Attachment: Two copies of the Newly Enacted (Amended) Work Rules
Subject:
Attached please find two copies of our Company’s Newly Drafted (Amended) Work
Rules for your Approval
Explanation: Application made pursuant to Article 70 of the Labor
Standards Act
Company Name (Seal):
Responsible Person (Seal):
Unified Business No.:
Company Address:
Company Telephone:
Contact Person:
Contact Telephone:
Date:
During the drafting
process, discuss issues with local labor affairs authority by telephone. Refer to the Sample Work Rules and enact Company
Work Rules according to each Company’s actual needs. Apply for government approval by submitting two
copies of the Work Rules affixed with Company Seal together with other
application. documents.
|
Process for Application for Review of Work Rules (flowchart) |
|
Company |
|
|
|
Local
Labor Affairs Authority |
|
Review,
Registration, Approval |
|
Approval
Granted (Return copy of the Work Rules) |
|
Company |
|
Announce
the Work Rules in the Company, print and distribute the Work Rules to each
Employee. |
Attachment 3
Documents
Required to be Submitted for Application for Review of Work Rules
|
1.
For Company Enacting New Work Rules: |
|
o Application
Letter (Attachment 1) o Two
Copies of the Work Rules to be reviewed (Please refer to Sample Work Rules) o Summary
Table of the Differences between the Sample Work Rules and the Company Work
Rules (Attachment 5) o Labor-Management
Meeting Minutes or Union Meeting Minutes (Attachments 7 and 8) o Table of the branch offices (Not required if the Work
Rules do not apply to all local branch offices) |
|
2.
For Company Amending the Work Rules: |
|
o Letter
of Amendment (Attachment 1) o Two
Copies of the Work Rules to be reviewed (Please refer to Sample Work Rules) o Comparison
Table Between the Original Provisions and the Amended Provisions of the Work
Rules (Attachment 6) o Labor-Management
Meeting Minutes or Union Meeting Minutes (Attachments 7 and 8) o Table
of the branch offices (Not required if the Work Rules do not apply to all
local branch offices) |
Notes:
1.
If the Company is applying for the review of the amended Work
Rules, the Company must submit a comparison table of the amended
provisions.
2.
If any portion of the Work Rules shall be agreed by,
reported to or approved by the labor union or the labor-management meeting in
accordance with the Labor Standards Act and applicable laws, the Company shall
submit the Work Rules together with relevant documents for approval or meet all
requirements before including such a portion in the Work Rules. As for other portions of
the Work Rules, the Company shall negotiate with the labor union or at the
labor-management meeting before submitting such portions together with
supporting documents for approval. In case of any labor conditions involving an
individual worker, the Company shall obtain the consent of the individual
worker.
Attachment
4
Standard Work Rules Review Process by
the Local Labor Affairs Authority (flowchart)
|
Standard Work Rules Review
Process |
|
Secretariat
of Local Authority |
|
Receive
and assign the applications. |
|
|
|
Formality
Review by the Competent Authority |
|
Review
whether the written materials are complete and notify the Applicant of the
need for rectification in case of non-compliance. |
|
|
|
Substantive
Review by the Competent Authority |
|
Review
of the Work Rules by the authority in charge pursuant to the relevant laws
and regulations such as the Labor Standards Act and with reference to the
Guideline for the Review of Work Rules. |
|
Submit
the approved applications to each competent authority for review and approval
pursuant to the rules regarding responsibilities of each competent authority. |
|
Approve
the Application and Issue the Approval Letter. |
Attachment 5
Summary
Table of the Differences between the Sample Work Rules and the Company Work
Rules
|
Articles
of the Sample Work Rules |
Differences
between the Sample Work Rules and the Company Work Rules |
|
|
Amendment
to the Content of the Article (Please
mark the amendment in bold in red) |
Change
in the numbering of the Articles (Please
mark the Article number to which the original provision is amended) |
|
|
Article ○ |
|
|
|
Article ○ |
|
|
|
Article ○ |
|
|
|
Article ○ |
|
|
|
Article ○ |
|
|
|
Article ○ |
|
|
Attachment 6
Comparison
Table Between the Original Provisions and the Amended Provisions of the Work
Rules
○○○
Inc.
Comparison
Table Between the Original Provisions and the Amended Provisions of the Work
Rules
|
Original
Provisions |
Amended
Provisions |
Explanations |
|
Article ___: |
Article ___: |
|
|
Article
___: |
Amended
to Article ___: |
|
|
Article ___: |
Deleted |
|
|
Article ___: |
Amended to Article ___: |
|
|
|
New
Provision |
|
|
Article ___: |
Amended to Article ___: |
|
|
Article ___: |
Article ___: |
|
【Sample】
○○○
Inc.
Comparison
Table Between the Original Provisions and the Amended Provisions of the Work
Rules
|
Original
Provisions |
Amended
Provisions |
Explanations |
|
Article 19-1 (Compensatory
Leave After Overtime Work on a Regular Working Day or a Rest day) ...(Omitted) The granted compensatory leave not used before
the expiration of the period for taking compensatory leave or the termination
of the contract shall be converted into wages in accordance with the
standards for computation of wages. |
Article 19-1 (Compensatory
Leave After Overtime Work on a Regular Working Day or a Rest Day) ... (Omitted) The granted compensatory leave not used before
the expiration of the period for taking compensatory leave or the termination
of the contract shall be converted into wages in accordance with the
standards for computation of wages on the day of
work. |
Text amended pursuant to Article 32-1 of the
Labor Standards Act. |
|
Article 25 (Regular Days
Off and Rest Days) For every seven days, the employees shall be
entitled to at least two days of rest, one of which is a regular day off and
the other of which is a rest day. The wages for the two days of rest shall
still be paid. |
Article 25 (Regular Days
Off and Rest Days) For every seven days, the employees shall be
entitled to at least two days of rest, one of which is a regular day off and
the other of which is a rest day. The wages for the two days of rest shall
still be paid. Where the
Company adopts two-week and eight-week flexible working hours pursuant to
Article 21 (2), the regular days off and rest days shall be arranged as
follows: 1. If two-week flexible working hours
are adopted, the employees shall be entitled to at least one regular day off
for every seven days and at least four regular days off and rest days for
every two weeks. The wages for such days shall still be paid. 2. If eight-week flexible working
hours are adopted, the employees shall be entitled to at least one regular
day off for every seven days and at least sixteen regular days off and rest
days for every eight weeks. The wages for such days shall still be paid. Where the
Company adopts four-week flexible working hours pursuant to Article 21 (2),
the employees shall be entitled to at least two regular days off for every
two weeks and at least eight regular days off and rest days for every four
weeks. The wages for such days shall still be paid. |
Text added pursuant to Articles 30 (2) and (3),
30-1 and 36 of the Labor Standards Act. |
|
Article 27 (Number and
Arrangement of Annual Paid Leave) ... (Omitted) Dates of annual paid leave shall be arranged by
employees. The Company shall ask employees to arrange dates of annual paid
leave within thirty days after the employees have satisfied the conditions of
annual paid leave provided in the preceding paragraph. |
Article 27 (Number and
Arrangement of Annual Paid Leave) ... (Omitted) Dates of annual paid leave
shall be arranged by employees. In the case of urgent needs of the Company in business management
or personal reasons on the part of an employee, such dates may be adjusted
through negotiation with other employees. The Company shall ask employees to arrange dates of
annual paid leave within thirty days after the employees have satisfied the
conditions of annual paid leave provided in the preceding paragraph. |
Text amended pursuant to Article 38 (2) of the
Labor Standards Act. |
|
Article 27-2 (Period for
Taking Deferred Annual Paid Leave and Payment of the Wages for Unused Days of
Annual Paid Leave) ... (Omitted) The days of annual paid leave deferred to the
following year in accordance with the preceding paragraph may be used by the
employee when taking annual paid leave during the year to which the paid
leave is deferred. |
Article 27-2 (Period for
Taking Deferred Annual Paid Leave and Payment of the Wages for Unused Days of
Annual Paid leave) ... (Omitted) The days of annual paid leave deferred to the
following year in accordance with Paragraph 1
may be used by the employee when taking annual paid leave during the year to
which the paid leave is deferred. |
Text amended. |
|
Article 30 (Leave and Parental
Leave) Employees may take leaves of absence for
weddings, funerals, sickness, or other legitimate causes. Leaves of absence
may be divided into twelve categories, including leave for marriage, personal
leave, leave for family care, sick leave, menstruation leave, leave for
funerals, leave for occupational accidents, maternity leave, leave for public
duties, leave for pregnancy checkups, paternity leave, and leave for
recuperation after pregnancy. The number of permitted days for leave and
payment of wages during the period thereof shall be in accordance with the
following: ... (Omitted) 5. Leave for Funerals: The wages shall be paid
during the leave for a funeral. Days of leave for funerals may be taken at
different times within one hundred days pursuant to custom. (1) If the parent, adoptive parent, stepparent,
or spouse of an employee is the deceased, eight days; (2) If the paternal or maternal grandparent,
child, or parent of the spouse, adoptive parent, or stepparent of the spouse
of an employee is the deceased, six days; (3) If the paternal or maternal grandparent or
sibling of the spouse of an employee is the deceased, three days. ... (Omitted) 9. Paternity Leave: Where the spouse of a male
employee gives birth, the male employee may take five days of paternity leave
within a period of fifteen days before, on and after the day of birth. During
the paternity leave, the wages shall be paid. 10. Leave for Pregnancy Checkups: A pregnant
employee shall be given five days of leave for pregnancy checkups. During the
leave for pregnancy checkups, the wages shall be paid. ... (Omitted) Where an employee applies for menstruation
leave, unpaid Parental leave, leave for family care, paternity leave, leave
for recuperation after pregnancy, maternity leave, and/or leave for pregnancy
checkups, the company shall not refuse nor consider that such leaves of
absence from work would affect any full attendance reward, the performance of
such an employee, or otherwise subject the employee to any sanction. |
Article 30 (Leave and Parental
Leave) Employees may take leaves of absence for
weddings, funerals, sickness, or other legitimate causes. Leaves of absence
may be divided into twelve categories, including leave for marriage, personal
leave, leave for family care, sick leave, menstruation leave, leave for
funerals, leave for occupational accidents, maternity leave, leave for public
duties, leave for pregnancy checkups, pregnancy
checkup accompaniments and paternity leave, and leave for
recuperation after pregnancy. The number of permitted days for leave and
payment of wages during the period thereof shall be in accordance with the
following: …(Omitted) 5. Leave for Funerals: The wages shall be paid
during the leave for a funeral. Days of leave for funerals may be taken at
different times within one hundred days pursuant to custom. (1) If the parent, adoptive parent, step-parent
or spouse of an employee is the deceased, eight days; (2) If the grandparent,
child, or parent of the spouse, adoptive parent, or step-parent of the spouse
of an employee is the deceased, six days; (3) If the great
grandparent, sibling, or the grandparent
of the spouse of an employee is the deceased, three days. (※In terms of family relationship, the Civil Code only
distinguishes between different degrees of relatives without identifying them
as paternal or maternal. Grandparents also include the parents of the mother,
generally known as maternal grandparents. Great grandparents also include
those generally known as maternal great grandparents.) ... (Omitted) 9. Pregnancy Checkup
Accompaniment and Paternity Leave: When an employee accompanies their spouse
for pregnancy checkups or such spouse is in labor, their employer shall grant
the employee seven days off as pregnancy checkup accompaniment and paternity
leaves. Except that the pregnancy checkup leave shall only be applicable
during the gestation period of the spouses, employees shall have the
paternity leave during a 15-day window before and after the day their spouses
are in labor. Regular wages shall be paid for pregnancy checkup accompaniment
and paternity leaves. 10. Leave for Pregnancy Checkups: A pregnant
employee shall be given seven days of
leave for pregnancy checkups. During the leave for pregnancy checkups, the
wages shall be paid. ... (Omitted) Where an employee applies for menstruation
leave, unpaid Parental leave, leave for family care, pregnancy checkup accompaniment and paternity leave,
leave for recuperation after pregnancy, maternity leave, and/or leave for
pregnancy checkups, the Company shall not refuse nor consider that such
leaves of absence from work would affect any full attendance reward, the
performance of such an employee, or otherwise subject the employee to any
sanction. |
1. The Civil Code only distinguishes between
different degrees of relatives without identifying them as paternal or
maternal. Text amended pursuant to Article 3 of the Regulations of
Leave-Taking of Workers. 2. Text amended pursuant to Article 15 of the
Act of Gender Equality in Employment and Article 7 of the Enforcement Rules
for the same Act. |
|
Article 33 (Unit of
Calculation for Taking Leave) The minimum unit for taking leave shall be _____
(day/half day/hour) per ____ (type of leave). Where an employee has taken sick leave for a
period of more than thirty days, if any day of sick leave taken falls on a
rest day, regular day off, a memorial day or holiday designated by the
Ministry of the Interior, Labor Day, or any other holiday designated by the
central competent authority, such days shall be included in the period of
leave taken. |
Article 33 (Unit of
Calculation for Taking Leave) The minimum
unit for leave taken shall be _____ (day/half day/hour) for ____ (type of leave). (※Where an employee has taken sick leave for more than thirty
consecutive days, after calculating thirty days and beginning from the
thirty-first day, any day that falls on a rest day, regular day off, a
memorial day or holiday designated by the Ministry of the Interior, Labor
Day, or any other holiday designated by the central competent authority, such
a day shall be included in the period of such leave taken.) |
Text amended. |
|
Article 39 (Protection
of Female Employees During the Night Shift) The Company shall not make female employees work
between 10PM and 6AM, unless otherwise approved by the labor-management
meetings and provided that the following requirements are satisfied: (※Where the Company has a labor union, the aforementioned paragraph shall
be amended to “the Company shall not make female employees work between 10PM
and 6AM, unless otherwise agreed by the labor union and provided that the
following requirements are satisfied:”) 1. The necessary safety and health facilities
are provided. 2. Where there is no public transportation
available, the Company shall arrange for transportation or dormitories for
female employees. In the event that a female employee cannot work
between 10PM and 6AM for health reasons or other legitimate causes, the Company
shall not force her to work. If, due to natural disasters, emergencies, or
unexpected events, and the Company must require female employees to work
between 10PM to 6AM, Paragraph 1 of this Article shall not apply. The provision of Paragraph 1 and the preceding
paragraph shall not apply to those female employees who are pregnant or
breast-feeding. |
Article 39 (Protection
of Female Employees During the Night Shift) If a female
employee is unable to work between 10PM and 6AM due to health or any other
legitimate reason, the Company shall not require her to work. A female
employee who is pregnant or breast-feeding shall not work between 10PM and
6AM. (※According to Interpretation No. 807 issued by the Judicial
Yuan on August 20, 2021, the following provisions are contrary to the purpose
of gender equality protection under Article 7 of the Constitution of the
Republic of China and shall be rendered invalid on the date of issuance of
this interpretation: “The Company shall not make female employees work
between 10PM and 6AM, unless otherwise approved by the labor union or, if the
Company has no labor union, by the labor-management meetings and provided that
the following requirements are satisfied: 1. The necessary safety and health
facilities are provided. 2. Where there is no public transportation
available, the Company shall arrange for transportation or dormitories for
female employees.” Where the Work Rules have provided for safety and health
facilities, transportation, and other assistance to employees during night
shifts before the foregoing provisions are rendered invalid, the Company
shall continue to abide by such provisions in the Work Rules.) |
Amended pursuant to Interpretation No. 807 of
the Judicial Yuan. |
|
Article 44 (Compensation
for Occupational Accidents) Where an employee is deceased, disabled,
injured, or ill as a result of an occupational accident, the Company shall
compensate such an employee in accordance with the following provisions.
However, if, for the same accident, the Company has already paid compensation
pursuant to the Labor Insurance Act or other laws and regulations, the
Company may deduct payment therefrom: 1. When an employee is injured or suffers from any
occupation-related disease, the Company shall compensate for necessary
medical expenses. The types of occupation-related diseases and the scope of
medical treatments covered shall be determined by the relevant provisions under
the Labor Insurance Act. 2. Where an employee is receiving medical treatment and
is not able to work, the Company shall compensate the employee in accordance
with the amount of wages originally received by the employee. However, if the
employee is unable to fully recover after two years of medical treatment and
is diagnosed by the designated hospital as being unable to carry out the
work, and if the employee does not satisfy the disability requirements under
Subparagraph 3 of this Article, the Company may, upon making a lump-sum
payment equivalent to forty months of the average wages, be released from its
obligation to compensate the employee. 3. After the termination of medical treatment, if the
employee is diagnosed by the designated hospital as being disabled, the
Company shall pay a lump-sum for disability compensation based on the
employee’s average wages and their level of disability. The standards of
disability compensation shall be as prescribed under the Labor Insurance Act. 4. When an employee dies due to an occupational
accident or occupation-related disease, in addition to the payment of a funeral subsidy equivalent to five months of such an
employee’s average wages, the Company shall pay the surviving family members an
amount equivalent to forty months of the deceased employee’s average wages as
compensation. The order in which the surviving family members may receive the
compensation shall be as follows: (1) Spouse and children. (2) Parents. (3) Grandparents. (4) Grandchildren. (5) Brothers and sisters. |
Article 44 (Compensation
for Occupational Accidents) Where an employee is deceased, disabled,
injured, or ill as a result of an occupational accident, the Company shall
compensate such an employee in accordance with the following provisions.
However, if, for the same accident, the Company has already paid compensation
pursuant to the Labor Occupational Accident
Insurance and Protection Act or other laws and regulations, the
Company may deduct payment therefrom: 1. When an employee is injured or suffers from any
occupation-related disease, the Company shall compensate for necessary
medical expenses. The types of occupation-related diseases and the scope of
medical treatments covered shall be determined by the relevant provisions
under the Labor Occupational
Accident Insurance and Protection Act. 2. Where an employee is receiving medical treatment and
is not able to work, the Company shall compensate the employee in accordance
with the amount of wages originally received by the employee. However, if the
employee is unable to fully recover after two years of medical treatment and
is diagnosed by the designated hospital as being unable to carry out the
work, and if the employee does not satisfy the requirements for disability
benefits under Subparagraph 3 of this Article, the Company may, upon making a
lump-sum payment equivalent to forty months of the average wage, be released
from its obligation to compensate the employee. 3. After the termination of medical treatment, if the
employee is diagnosed by the designated hospital as continuing to suffer from
disability, the Company shall pay a lump-sum for disability compensation
based on the employee’s average wages and his/her level of disability. The
standards of disability compensation shall be as prescribed under the Labor Occupational Accident Insurance
and Protection Act. 4. When an employee dies due to an occupational
accident or occupation-related disease, in addition to the payment of a funeral subsidy equivalent to five months of such an
employee’s average wage, the Company shall pay the surviving family members
an amount equivalent to forty months of the deceased employee’s average wage
as compensation. The order in which the surviving family members may receive
the compensation shall be as follows: (1) Spouse and children. (2) Parents. (3) Grandparents. (4) Grandchildren. (5) Brothers and sisters. |
Amended pursuant to the Labor Occupational
Accident Insurance and Protection Act. |
|
Article 46 (Period for
Asserting a Claim of Compensation for Occupational Accidents) The right to claim compensation for occupational
accidents compensation as prescribed under Article 44 shall be forfeited if such a right is not exercised within two years
after the date when the employee becomes entitled to receive such
compensation. The right to claim compensation for occupational
accidents compensation shall not be affected by reasons related to an
employee’s resignation and shall not be transferred, cancelled, pledged, or
mortgaged. |
Article 46 (Period for
Asserting a Claim of Compensation for Occupational Accidents) The right to claim compensation for occupational
accidents compensation as prescribed under Article 44 shall be forfeited if
such a right is not exercised within two years after the date when the employee
becomes entitled to receive such compensation. The right to claim compensation for occupational
accidents compensation shall not be affected by reasons related to an
employee’s resignation and shall not be transferred, cancelled, pledged, or
mortgaged. An employee or
his/her surviving family member who claim compensation for occupational
accidents in accordance with the Labor Standards Act must submit documents of
proof to open an account at any financial institution exclusively for
receiving compensation for occupational accidents. The amount deposited to
the account may not be the target for offsetting, seizure, collateral, or
enforcement. |
Text added pursuant to Articles 61 (3) and (4)
of the Labor Standards Act. |
|
Article 48 (Labor Insurance, Employment
Insurance and National Health Insurance) All employees are insured by the Company with
labor insurance, employment insurance, and national health insurance pursuant
to the laws and regulations and shall be entitled to the payment according to
the relevant laws and regulations. In a situation where an employee suffers
from any accident covered by insurance, the Company shall complete all
required procedures for the employee to receive insurance benefits. |
Article 48 (Labor Insurance, Employment Insurance, Labor Occupational Accident Insurance, and
National Health Insurance) All employees are insured by the Company with
labor insurance, employment insurance, labor
occupational accident insurance, and national health insurance
pursuant to the laws and regulations and shall be entitled to the payment
according to the relevant laws and regulations. In a situation where an
employee suffers from any accident covered by insurance, the Company shall
complete all required procedures for the employee to receive insurance
benefits. |
Amended pursuant to the Labor Occupational
Accident Insurance and Protection Act. |
※Please mark all changes and amended wordings in red.
Attachment
7
(Name of the Company) The
___th Labor-Management Meeting Minutes for the ___th Term
Time:
___:___ AM (PM), ____(DD)/____(MM)/___________(YYYY)
Place:
Attendees: (Please sign.)
Labor Representatives:
Management Representatives:
Observers: (Please sign.)
Representatives on leave or
absent:
Labor Representatives: ○○○ (leave
of absence), ○○○ (sick leave)
Management Representatives:
○○○ (business trip), ○○○ (absent)
Chairman: Minute Taker:
1.
Chairman’s
Address:
2.
Observer’s
Address:
3.
Reports:
（1） Status of the matters
resolved at the last meeting
（2）
Number
of workers, changes in workers, rate of resignation
（3）
Production
plan, business profile, market conditions and other information of production
（4）
Labor
activities, welfare, and improvement of work environment
（5）
Others
4.
Discussions:
（1）
Proposal
1:
Issue:
Explanation:
Proposed Solution:
Resolution:
（2）
Proposal
2:
Issue:
Explanation:
Proposed Solution:
Resolution:
5.
Suggestions
(Extempore Motion):
（1）
Proposal
1:
Issue:
Resolution:
（2）
Proposal
2:
Issue:
Resolution:
6.
Conclusion
by Chairman:
7.
Meeting
Dismissed: ____: ____ AM (PM)
Chairman: (_____________) Signature Minute Taker: (_______________) Signature
Attachment
8
The First ○○ County (City) ○○○○ Union Meeting Minutes of the First
Term (Sample)
1.
Time: ___: ___ AM (PM), ____(DD)/____(MM)/______ (YYYY)
2.
Place: ○○○
3. Government
Representative: ○○ City Government Labor Affairs Department ○○○
4.
Guests:
5.
Attendees: ____ persons attended (See the attendance sheet attached hereto)
Observers:
_____ persons
On leave of absence: ____ persons
On
leave for public duties: ____ persons
Absentees: ____ persons
6.
Chairman: __________Minute Taker: _____________
7.
Chairman’s Address:
8.
Government Representative’s Address:
9.
Guests’ Address:
10.
Report on preparatory work:
11.
Discussions:
１.
Issue:
Explanation:
Resolution:
２.
Issue:
Explanation:
Resolution:
３.
Issue:
Explanation:
Resolution:
４.
Issue:
Explanation:
Resolution:
12.
Extempore Motion:
13.
Meeting Dismissed: ____: ____ AM (PM)