History

The Rules are enacted according to Article 85 of the Labor Standards Law (referred to hereafter as "the Law").

Wages and the number of days in the following periods shall not be included for the purpose of calculating the average wage referred to in paragraph (4) of Article 2 of the Law:
1. The day on which the event occurs requiring calculation to be made;
2. The period of medical treatment of occupational injury;
3. The period in which wages are paid at half the normal rate referred to in the second paragraph of Article 50 of the Law;
4. Where, due to a natural disaster, sudden turn of events, or other force majeure, the employer cannot continue business operations, and there is no work for the employee.

The Regulation Concerning Standard Business Classification in the Republic of China shall apply in relation to the lines of business referred to in Items (1) to (7), Paragraph 1 to Article 3 of the Law.

The lines of business designated by the central competent authority referred to in Item (8), Paragraph 1 to Article 3 of the Law, and the application of the Law will genuinely cause undue hardship referred to in Paragraph 3 to Article 3 of the Law shall be those lines of business which the central competent authority designates in accordance with the Regulations Concerning Standard Business Classifications in the Republic of China. This designation may only refer to a portion of a particular line of business.

The line of businesses not designated by the central competent authority under Article 3 paragraph 1 of this law shall report to the central competent authority on the facts and reasons of the difficulties in applying this law to their line of businesses, in accordance to the types of operations, management system, and characteristics of work their businesses.
Upon reviewing the situations by the central competent authority if it is deemed of no difficulties in applying this law the government designate the application of this law to this business. If it is determined there are difficulties in applying this law the central competent authority shall announce these businesses to the public prior to the end of the year of 1998.

The calculation of the seniority of a worker is limited to the same business entity from the day on which he was employed. Seniority within the same business before and after the promulgation and enforcement of this law shall be combine for calculation purposes.

The "temporary", "short-term", "seasonal" and "specified work" referred to the paragraph (1) of Article 9 of this law shall have the following denotations.
1. "Temporary work" shall mean work of an unexpected and non-continuous nature, and not to exceed six months.
2. "Short-term work" shall mean work that is expected to be completed within a short period of time, of a non-continuous nature, and is not to exceed six months.
3. "Seasonal work" shall mean work for which the raw materials, source of materials or market influenced by seasonal factors, of non-continuous nature, and is not to exceed nine months.
4. "Specified work" shall mean work which can be of completed within a specified period and of non-continuous nature, and is not to exceed one year absent approval by the competent authority.

An employment contract shall, in accordance with the Law, make provisions for matters referred to in the following :
1. The workplace and the work to be performed in the workplace;
2. Time of starting and finishing work, rest periods, holidays, public holidays, leave, and shift changes in the rotation system;
3. Determination, readjustment, calculation, final settlement, the day and the methods of wage payment;
4. Making and termination of an employment contract, and retirement;
5. Severance pay, retirement and other allowances, and bonuses.
6. Board and lodging and expenses for work tools for which the worker is responsible;
7. Safety and health;
8. Education & training for workings;
9. Welfare;
10. Compensation in the case of an accident, and subsidy in their case of ordinary injury or sickness;
11. Rules of conduct and work discipline;
12. Merits & demerits;
13. Other matters concerning the rights & obligations of workers and management.

Severance pay calculated according to Articles 17 and 84 paragraph 2 of the Law shall be paid within thirty days upon the termination of a labor contract.

When an employment contract is terminated according to the provisions of the Law, the employer shall pay the worker wages due to him.

The regular benefits mentioned in paragraph (3) of Article 2 of the Law, regardless of what they may be called, refer to benefits other than the following:
1. dividents;
2. Bonuses, viz. year-end bonuses, competition bonuses, research or invention bonuses, bonuses for outstanding performances, long-service bonuses, bonuses for the saving of fuel and other raw materials, and other bonuses of an irregular character;
3. Spring Festival, Dragon-boat Festival & Mid-autumn Festival gifts or bonuses;
4. Subsidies for medical expenses and education expenses of workers & their children,
5. Service charges directly paid to the worker by a customer;
6. Presents donated by the employer in the event of a marriage or celebration, or monetary gifts as condolences in the event of funeral services;
7. Compensation for occupational accidents;
8. preminums for labor insurance and for any business insurance of the employer in which the worker is included as the insured person;
9. Travel expenses and allowances, entertainment allowances night-shift snacks, and food allowances;
10. Work uniforms, tools, or funds to purchase the same;
11. Other matters designated by the central competent authority in conjunction with the counterpart for business operations.

The basic wage mentioned in Article 21 of the Law refers to remuneration received by a worker for normal working hours, excluding, however, overtime pay or additional payments for work in ordinary or public holidays.

The basic wage of a piece-work labourer shall be calculated in accordance with the quantity of production in each 8-hour day, or the amount of work performed.

When a worker's working hour is less than 8 hours per day, the basic wage shall be calculated pro rata in accordance with the working time, unless otherwise stipulated in the works regulations, the employment contract, or any relevant laws or regulations.

The basic wage for a child worker shall not be less than 70 percent of the basic wage.

The priority rights of payment for wages mentioned in paragraph (1) of Article 28 of the Law are limited to wages overdue for a period of 6 months preceding to the winding up or the liquidation of the business or the announcement of bankruptcy.

In the event of the death of a worker, the employer shall pay the overdue wages to the worker's next of kin. The priority order for such payments shall be in accordance with the stipulations of paragraph (4) of Article 59 of the Law.

If the normal working hours mentioned in Article 30 of the Law exceed 2 calendar days, the working hours shall be combined for calculation purposes.

If t he working hours of a worker cannot be readily calculated owing to special errands or other reasons requiring him to attend to work outside the workplace, his working hours shall be deemed to be his normal working hours. This shall not apply, however, where his actual working hours have been proven.

When a worker works in different business premises belonging to the same enterprise or the same employer, the working hours in each of such premises shall be added together, including necessary transportation time between the premises.

Changing of regular work hours, holidays, or overtime work in according to Article 30 paragraph 2, paragraph 3, Article 30(1) paragraph 1 item 1 to item 3 or Article 32 paragraph 1 to 3 the employer shall give public notice.

The meaning of employer extending working hours in the Law shall mean the part of working hours that exceeds eight hours per day or the part of working hours that exceeds a total of eighty-four hours every two weeks. But the changing of working hours according to Article 30Paragraph 2, paragraph 3, or Article 30(1) paragraph 1 item 1 to item 3 of the Law shall mean the part of working hours that exceeds the change of hours..

The worker attendance records to be kept by an employer pursuant to paragraph (3) of Article 30 of the Law shall use minute as the unit of registration.

The scope of the supervisory work of pit operations mentioned in paragraph (4) of Article 32 of the Law is the following :
1. Supervision of pumping machines;
2. Supervision of wind pressure machines & cooling equipment;
3. Supervision of safety & health equipment;
4. Supervision and the recording of production & construction work.

The annual commemorative holidays mentioned in Article 37 of this law are as follows.
l. Founding Day of the Republic of China (January 1);
2. Peace Memory Day (Feb 28);
3. Revolutionary Martyrs Day (March 29);
4. Confucius Birthday (September 28);
5. National Independent Day (Oct 10);
6. President Chiang Kai-shek`s Birthday (Oct 31);
7. Dr. Sun Yat-sen's Birthday (Nov 12);
8. Constitution Day (Dec 25)
The Labor day mentioned in Article 37 of this Law is May 1 Labor day.
The other holidays mentioned in Article 37 of this law as stipulated by the central competent authority are the followings:
1. The following day of the Founding Day of the Republic of China (Jan 2);
2. Spring festival (Lunar New Year three days);
3. Women Day and Children's Day (the day before Ching Ming Festival Day by the Lunar Calendar);
4. Festival for visiting Family Graveyards (Lunar Calendar);
5. Dragon Boat Festival (fifth day of the fifth month in the lunar calendar);
6. Mid-Autumn festival (the 15th day of the 8th month in the lunar calendar);
7. New Year's Eve of the lunar calendar;
6. Taiwan's Restoration Day (Oct 25);
7. Other holidays as designed by the central competent authority.

The special holidays mentioned in Article 38 of the Law shall be decided according to the following provisions:
1. The seniority on which the special holidays are calculated shall be rated according to the provisions of Article 5;
2. Special holiday arrangements shall be made by mutual agreements between the workers and the management;
3. Where special holidays have not been taken because of the change of the Calendar year or the termination of the contract the employer shall pay wages for the days on which such holidays should have been, but were not, taken.

The heavy work mentioned in paragraph (2) of Article 44 of the Law refers to work beyond the mental or physical capabilities of children to operate. Hazardous work means work stipulated according to the provisions of labour safety & health laws or regulations.

The employer may require a woman worker who applies for maternity leave referred to in paragraph (l) of Article 50 of the Law to submit documentary evidence.

The ages designated in subparagraph (l) of Article 53, subparagraph (1) of paragraph 1 of Article 54, and the exception clause in paragraph 2 of Article 54 of the Law shall be based on the age recorded in the worker's household registration card.

(abolished)

The employer shall pay the retirement allowance to which a worker is entitled within 30 days after the worker's retirement. The conditions in which an employer may, in accordance with the provisions of paragraph (3) of Article 55 of the Law, apply to the competent authority for approval to pay the retirement allowance in installments are the following:
1. Where the contributions to the retirement reserve fund required by the Law are insufficient to pay the allowance;
2. Where the management or finacial situation of the business is in difficulty.

The wage compensation payable by an employer to a worker in accordance with the provisions of paragraph (2) of Article 59 of the Law shall be paid him on pay day.

The original wage mentioned in Item (2) of Article 59 of the Law refers to the wage the worker received for one day's normal working hours before the occurrence of the occupational accident. Where the wage of the worker is calculated on a monthly basis, one day's wage shall be the amount equivalent to the wage the worker received for one month's normal working hours divided by thirty just one month immediately before the occurrence of the occupational accident.
If the amount calculated pursuant to the preceding paragraph for a worker with occupational disease falls short of the average wage, the average wage shall be used as the standard.

The employer shall pay the compensation mentioned in the exception clause of paragraph (2) of Article 59 of the Law within 15 days of the determination that such a compensation is due. Until such compensation is paid, the employer shall continue to pay the compensation mentioned in the first sentence of the said paragraph (2).

The employer shall pay funeral expenses mentioned in paragraph (4) of Article 59 of the Law within 3 days after the death of the worker, and compensation for death within 15 days after the death.

If, in accordance with the provisions of the Labor Insurance Act or other applicable laws or regulations, the employer has paid compensation to the worker in regard to the same accident mentioned in Article 59 of the Law, such payment shall count towards the compensation the employer has to pay to the worker. But, if the compensation is paid from funds jointly contributed by the worker & the employer, only the portion contributed by the employer shall count.

The employer shall not require an apprentice to do household chores, miscellaneous jobs or other work, which has no connection with skill learning. This does not include keeping the workplace clean and tidy and the cleaning of machinery or equipment.

The working time of an apprentice shall include periods for learning.

Employers with more than 30-workers shall establish work rules and submit them to the local competent authorities within thirty days for registration.
These work rules shall be revised according to the change in laws, union management agreements or management systems. After the revision a copy shall be submitted to the local competent authority for registration.
If deemed necessary the competent authority may notify an employer to revise his work rules.

After the work rules have been registered by the competent authority, the employer shall display the same in the workplace and distribute a copy to each worker.

The employer may, if necessary, establish separate work rules for the individual items mentioned in Article 70 of the Law.

Where the workplaces of a business entity are at different locations, the employer may establish suitable work rules for all workers of the business entity or separate ones for each workplace.

The central competent authority shall publish every year an annual labour inspection schedule for the following year.
Inspection agencies shall separately devise their own inspection plans in accordance with the inspection schedule referred to in the previous paragraph. Within 50 days after the schedule has been published, the agencies shall report their inspection plans to the central competent authority. After these plans have been duly approved, inspection work shall commence accordingly.

Apart from the laws and regulations concerning civil servants, regulations for the recruitment, training and work of inspectors of the labour inspection agencies shall be announced by the central competent authority.

When inspecting a business entity, an inspector may demand the owner, his representative, workers or other relevant persons to supply all necessary documents or explanations.

On the completion of an inspection visit, the inspector shall give all necessary explanations on the results of his visit to the business entity, and submit a report of the same to the inspection agency.
In the event that the inspection agency is of opinion that a business entity has violated the law or regulations, it shall be duly settled in accordance with the provisions of the law.

In the event that the business entity has any objection to the results of an inspection, it may, within 10 days after the receipt of such a report, file objections in writing to the inspection agency.

The complaint referred to in paragraph (1) of Article 74 of the Law may be filed orally or in writing.

The employer shall investigate any complaint mentioned in the previous paragraph; and in the event of finding out circumstances in which laws or regulations have been violated, he shall rectify the circumstances and notify the complainant of the same.

The competent authority or the inspection agency shall investigate the contents of any complaint referred to in paragraph (1) of Article 74 of the Law within 7 days after the receipt of such a complaint. In the event of finding our circumstances in which laws or regulations have been violated, the competent authority or the inspection agency shall either notify the business entity to rectify the circumstance, or duly settle the matter in accordance with the provisions of the Law, and notify the complainant of the same.

The other unfavourable treatment mentioned in paragraph (2) of Article 74 of the Law refer to derogation of rights available under existing laws, contracts or tradition.

A civil servant who concurrently has the status of a worker referred to in Article 84 of the Law denotes a person who, under relevant civil service provisions, is appointed, seconded, invited or selected to work as an employee in any line of business mentioned in Article 3 of the Law and receives remuneration for it. The other labour conditions mentioned in this connection indicate working hours, rest periods, holidays, safety & health, welfare, overtime pay, and so on.

Supervisors, administrative workers, professional workers with designated responsibility, supervisory and intermittent workers subject to the following regulations:
1. "Supervisors", "administrative workers", means those who are hired by an employer and are in charge of the operation and management of its business and with power in deciding hiring, discharge, or working conditions of the general workers.
2. "Professional worker with responsibility" means one who utilizes his professional knowledge or skills to complete a task and is responsible for its success or failure.
3. "Supervisory worker" means to supervise work in certain work place.
4. "Intermittence worker" means the work is intermittence in nature.

Employers report to the local competent authority on written agreement according to Article 84 paragraph 1 shall include title, work content, responsibility, nature of work, work hours, holiday, vacation, female work at night.... etc.

The enforcement rules shall be effective on the day of promulgation.