Legislators upset over exceptions of new labor act / 勞部七休一例外3原則 立委批逾越母法　　　　　　　　　　

In order to implement the "one day off after 6 working days" labor regulations as soon as possible, the Labor Ministry defined exceptions to the law with an administrative order. On Sep. 22, some legislators said this is in violation of the law and asked the Labor Ministry to propose an official amendment to the law. Also, regarding whether or not typhoon days off should be stipulated in the Labor Standards Act, Labor Minister Kuo Fong-yu said this issue will require careful consideration since no other countries have done this before. The new Labor Standards Act requires one day off after 6 working days, but after waves of industry backlash, the Labor Ministry announced that exceptions can be made when three conditions are met and with employees' consent. Some legislators are not happy with the announcement, saying these exceptions may be in violation of the law. ==KUO FONG-YU, Labor Minister== (The exceptions as defined by the administrative order have gone beyond the law.) Legal experts have conflicting opinions but many legal scholars agree with our policy. KMT legislator Chiang Wan-an said the Labor Ministry should propose an amendment if they want to avoid controversies. Also, some workers are forced to work on typhoon days. Some legislators proposed to include typhoon days off in the Labor Standards Act to allow workers to get a day off in case of a typhoon, and employers cannot deduct their salary. If workers are required to work on a typhoon day, they should receive overtime pay. The Labor Ministry does not welcome this proposal, saying that it is not feasible at the moment. ==KUO FONG-YU, Labor Minister== Typhoons are natural disasters, so we cannot attribute natural disasters to either the labor or the employer. No other countries have passed regulations on typhoon days. Also, situations vary from industry to industry. We need to think this through carefully. This year, workers will get a day off on Sep. 28. However, public servants, including teachers will have to work. The stock and currency markets will also open for business, which Kuo stressed was a decision by the Financial Supervisory Committee, and he will urge the legislature to review the law so that public holidays apply to all workers nationwide. TRANSLATED BY：CHRISTINA LIU 勞動部要落實勞基法中的七休一，卻引來不少行業大力抨擊，後來又公佈新函釋，另定雇主可以在勞工同意，符合三個原則，可以例外。不過卻有立委質疑，這項行政命令，恐怕有逾越母法之嫌。 ==國民黨立委 蔣萬安 vs 勞動部長 郭芳煜== 這樣子是一個 違法的裁量基準 最近法界人士其實兩極 你已經逾越母法了 但是在暫時性的這種處理 其實還有很多法界教授 認同我們的做法 蔣萬安建議勞動部若要避免爭議，應該要提出修法版本。另外針對颱風假，有些勞工卻被迫冒著風雨出勤，有立委提案，要將颱風假納入勞基法，明定颱風天勞工不出勤，企業不可以扣薪，若出勤得加發1日工資，但勞動部一反先前支持颱風假的態度，表示現階段有困難。 ==勞動部長 郭芳煜== 他是一個天然災害 他不可歸責於雇主跟勞工 都不可歸責 所以說在全世界 各主要國家大概還沒有 用放假的方式 來規定勞工不要出勤 尤其現在各行各業差異性很大 所以我們會很謹慎去評估 至於928勞工放假，公教不放假，股匯市又決定要開市，造成民怨四起，郭芳煜強調，開市是金管會決定，希望立院儘速通過修法，讓全國國定假日一致。 記者 綜合報導