The new labor law: a minefield for employers Rich Wu, Managing Director Synergy Net Application System

A Wide guess … WAGE: Wage means the income which a worker receives for his/her services rendered…. Are below items included ??? * Meal Allowance / Transportation Allowance * Sales Incentive / Quarter bonus * Loyalty (long-service) program

LSA : Labor Standard Act The Agenda Core Values of the LSA What the LSA says The LSA & You Concerns you should be aware of Amendments to the LSA LSA : Labor Standard Act

Agenda Core Values of the LSA What the LSA says The LSA & You Concerns you should know of Amendments to the LSA

Two Core Values Labor Safety & Healthcare Labor Economics One rest day (fixed) in 7 calendar days One rest day (floating) in 7 calendar days Limitation on working hours per day: 12 hours Total permitted overtime per month: 46 hours Labor Economics Paid by net actual Working Hours NOT by contribution / duty / efforts (workload) Wage & Bonus/Incentive

Agenda Core Values of LSA What the LSA says The LSA & You Concerns you should know of Amendments to the LSA

the most frequently Violated Rules Article 32-2 Exceeding the permitted working hours Article 24 Shortfall in payment for overtime Article 36 One fixed rest day in every 7 calendar days Have a wide guess Article 30-5 Employee attendance records

Article 32-2 Exceeding the permitted total working hours Working hours when extended by overtime, combined with regular working hours, shall not exceed twelve hours a day. The total amount of overtime worked shall not exceed forty-six hours in a calendar month.

Article 24 overtime wages are to be paid on the following basis When overtime does not exceed two hours, the employee shall be paid at least an additional one- third of the regular hourly rate. When overtime is over two hours, but the total does not exceed four hours, the employee shall be paid at least an additional two-thirds of the regular hourly rate. Overtime work requested by the employer is governed by Paragraph 3 of Article 32: the employee shall be paid two times the regular hourly rate.

Article 36 One fixed and one floating Rest Day in every 7 calendar days An employee shall have two days off in every seven calendar days. One day off is to be fixed (a ‘regular leave’) and the other can be a floating (variable) rest day. ….

Article 30-5 Employee attendance records …The attendance records specified in the regulations shall register the attendance of workers on a daily basis and to the minute. An employer may not refuse an employee’s request for duplicates or photocopies of the attendance records. ….

Agenda Core Values of the LSA What the LSA Says The LSA & You Concerns you should know of Amendments to the LSA

Agenda Core Values of the LSA What the LSA Says The LSA & You Concerns you should know of Amendments to the LSA

More to this than just the LSA Inspections will start on July1, 2017 Inspectors will be allotted a quota of fines Expect frequent changes to the rules Is your HR manager an expert on labor regulations and rules? May think of what system can help of

Signal  Andy  auto-blocking  15:00 ~ 16:15 上班未/未下卡 19 班別例休設定 例休設定

Penalties and their impact Amount of Fine: NT$20K / NT$50K / NT$80K / NT$150K / NT$300K Fines will be levied – on a rising scale – until the specified improvements have been completed to the inspectorate’s satisfaction. Fines are levied on discrete business units (e.g. branch, shop) and not by company Transgressors will be publicly listed by company name and Responsible Person, both in Chinese. Taipei City New Taipei City

Agenda Core Values of the LSA What the LSA Says The LSA & You Concerns you should know of Amendments to the LSA

Article 23 Except as otherwise agreed to by the parties to a labor contract or when wages are paid in advance on a monthly basis, details of the computation must be provided. An employer shall keep an employee payroll roster in order to record entries such as wages payable, the details of wage computation and the total sum of wages paid. This payroll roster shall be kept on file for at least five years

Article 24 This applies to employees asked to work on their Floating Day off. Overtime shall be paid as follows: The time and wage computation are to be made on the following basis: When the overtime worked does not exceed four hours, it shall be computed as four hours; when the overtime is in excess of four hours and under eight hours, it shall be computed as eight hours; when the overtime is in excess of eight hours and under twelve hours, it shall be computed as twelve hours.

Key Words in the LSA WAGES: what the company pays to the employee for the work performed AVERAGE WAGE: the basis of calculation for all applicable kinds of compensation – such as pension, subsidy and allowances. Labor-management conference: where there is no labor union in a business entity, management and representatives of the employees are required to meet periodically for minuted discussion and resolution of labor issues.

Key Words in the LSA (cont.) WAGE: Wage means the remuneration which a worker receives for his/her services rendered, including wages, salaries and bonuses, allowances and any other regular payments regardless of the name which may be computed on an hourly, daily, monthly and piecework basis, whether payable in cash or in kind. ??? * Meal Allowance / Transportation Allowance * Sales Incentive / Quarter bonus * Loyalty (long-service) program

Key Words in the LSA (cont.) AVERAGE WAGE: Figure reached by taking the total wages for the six months preceding the day on which an event requiring that a computation be made occurs, divided by the total number of days in that period. Is OT included in Average WAGE???

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固定支領之伙(膳)食津貼應列入 平均工資計算 加班費 應計入平均工資計算 司法院第十四期司法業務 研究會研討結論：加班費 係指勞工於正常工作時間 之外，依勞動基準法第三 十二條及第三十三條之規 定，予以延長工作時間， 並依同法第二十四條之規 定，按平日每小時工資額 加給三分之一至一倍之工 資而言。此項加班費乃勞 工因工作而獲得之報酬， 依同法第二條第三款之規 定，自屬工資，且係經常 性給與，應計入平均工資。 固定支領之伙(膳)食津貼應列入 平均工資計算 勞動基準法第二條暨施行細則第二 條、第十條關於平均工資之計算及 工資中非經常性給予項目中，均未 將勞工定期固定支領之伙(膳)食津 貼排除於工資之外，故事業單位每 月按實際到職人數，核發伙(膳)食 津貼，或將伙(膳)食津貼交由伙食 團辦理者，以其具有對每一在職從 事工作之勞工給予工作報酬之意思， 應視為勞工提供勞務所取得之經常 性給予，於計算平均工資時，自應 將其列入一併計算，不因給付方式 不同而影響其性質。 事業單位如係免費提供勞工伙(膳) 食，或由勞工自費負擔，事業單位 酌予補助，且對於未用膳勞工不另 發津貼或不予補助者，應視為事業 單位之福利措施，不屬工資範疇。

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