Article Content

Labor Standards Act ( 2020.06.10 Modified )Ch

  Chapter XII Supplementary Provisions

Article 83
A business entity shall hold meeting to coordinate worker-employer relationships and promote worker-employer cooperation and increase work efficiency. The regulations governing for labor-management conference shall be prescribed by the Central Competent Authority in concert with the Ministry of Economic Affairs and then reported to the Executive Yuan for approval.
Article 84
In the case of a civil servant who also has the legal status of a worker, civil service laws and regulations shall govern such matters as appointment, discharge, wage, salary, award and discipline retirement, survivors compensation and insurance (including that for occupational accidents). If the rest of the labor conditions are more favorable than the relevant provisions of the Act, the more favorable parts shall apply.
Article 84-1
After the approval and public announcement of the Central Competent Authority, the following types of workers may arrange their own working hours, regular days off, national holidays and female workers' night work through other agreements with their employers. These agreements shall be submitted to the local competent authorities for approval and record and shall not subject to the restrictions imposed by Articles 30, 32, 36, 37 and 49 of the Act:
1. Supervisory, administrative workers, and professional workers with designated responsibility,
2. Monitoring or intermittent jobs, and
3. Other types of job in special nature.
The agreement made under the preceding paragraph shall be in the form of written document. They shall use the basic standards contained in the Act as reference and shall not be detrimental to the health and well-being of the workers.
Article 84-2
The seniority of a worker is calculated from the first day of his/her employment. The standards of severance and retirement benefit for the seniority accumulated before the application of the Act shall be calculated in accordance with the applicable Acts and administrative regulations effective during that time. In cases there were no applicable Acts and administrative regulations, these standards shall be calculated in accordance with the rules promulgated by the respective business entities or the agreements reached by workers and employers themselves. After the application of the Act, the standards of severance pays and retirement benefits for the seniority accumulated shall be calculated in accordance with Articles 17 and 55 of the Act.
Article 85
The enforcement rules of the Act shall be prescribed by the Central Competent Authority and reported to the Executive Yuan for approval.
Article 86
This Act shall take effect from the day of promulgation.
Amendments to Paragraphs 1 and 2 of Article 30, which were promulgated on June 28, 2000, however, entered into force from January 1, 2001; amendments to Paragraph 1 of Article 28, which were promulgated on February 4, 2015, shall take effect eight months after promulgation; amendments to the provisions of the Act, which were promulgated on June 3, 2015, shall take effect from January 1, 2016; the date on which Paragraph 2 of Article 34, which was amended and promulgated on December 21, 2016, takes effect shall be prescribed by the Executive Yuan, Articles 37 and 38 shall take effect from January 1, 2017.
The provisions of the Act amended on January 10, 2018, shall take effect from March 1, 2018.