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Vol.25 2011.9
LEGAL CORNER
Legislative Amendments to Certain Provisions of the Labor Standards Law
Revised as of June 13, if employers do not provide employees with a worker record card or violate regulations regarding working hours, holidays, and leaves of absence, the penalty could be as high as 300,000 NT Dollars. This fine has increased from its original range of 6000-60,000 dollars to 20,000-300,000 dollars.
In terms of working hour conditions, regulations state that employees’ regular work hours should not exceed 8 hours, or 84 hours in the span of 2 weeks. Overtime hours should not exceed 4 hours, or 46 hours in one month.
Additionally, if female employees who are pregnant or breast-feeding work at night, the employer’s penalty fee has risen from its original range of 30,000-150,000 dollars to 90,000-450,000 dollars.
A new provision has also been set, stating that businesses or business owners who do not abide by the regulations of the Labor Standards Law will have their names publicly announced. The employer must improve its work terms by a deadline. If no improvements have been made, punishments will be enforced each time. Fines have been raised for any other violations regarding employee rights such as women’s and children’s working hours as well. If an employer illegally terminates a contract, withholds salary, fails to protect the rights of pregnant women, or fails to pay severance or pensions, the amount of these administrative fines are 5 times its previous amount and have been changed to a range of 90,000-450,000 dollars.
Within 5 months, The Council of Labor Affairs should conduct a comprehensive review of work hours for various industries. For industries that may be excluded from these standards, other provisions will be considered.
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