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MOL REFINES AMENDMENT DETAIL, GIVES THREE CHOICES FOR SPECIAL PAID LEAVE|勞基法施行細則修正 特休假三制供選擇

Good Morning Taiwan
2017-03-18
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The recent amendment to the Labor Standard Act has sparked some controversy and confusion, and now the Ministry of Labor has released a detailed explanation and implementation guidelines. The rules for calculating special leave with pay were relaxed, which gives companies some leeway, as long as the days of leave are not fewer than the minimum required by law. 7 national holidays have also been cancelled despite strong protests from labor groups.

After the labor law amendment came into effect, the Ministry of Labor suggested that companies use a calendar year system to calculate special paid leave, leading to dispute. On Mar. 17, the MOL released a draft in which the methods for calculating special paid leave were relaxed to include a year calendar system. For example, for someone who started work on July 1, the three days special paid leave they are entitled to after six months, can be calculated on a yearly calendar system. Thus: the following year after July 1, they are entitled to seven days SPL. If calculated according to the calendar system, on the premise of the labor law, both the employer and employee can agree to allow SPL on a ratio basis so that the employee can take 6.6 days SPL from January of the next year.

==HUANG WEI-CHEN Head, MOL, Dept. of Labor Standards, Equal Employment ==
Of course, if you use a calendar year or a fiscal year to calculate special paid leave, you use the same method.

The details for implementation include that if SPL is not taken, then it must be paid within 30 days, or in the nearest pay sequence. Many employers responded that this was difficult to identify from attendance records so now the implementation details also provide that, in addition to signing a book or attendance card, employers can also use an access card or other attendance time log to identify working days.

==HUANG WEI-CHEN Head, MOL, Dept. of Labor Standards, Equal Employment ==
If the employer and employee have an agreement, for example, to use Line as a clock-in or use a work clock-in, if both sides agree to the method, the important point is, that the record is to allow the employer to use it and have it transferred to a record that can be checked.

As to commercial groups which have criticized the whole system as flawed, the MOL said the amended labor law is still in the implementation stage and so will not yet consider amending any of it. To gauge different sectors' response to the law, from April, the MOL will start to give guidance to particular industry sectors or professions.

TRANSLATED BY:CLARE LEAR

配合勞基法修法去年年底實施,勞動部今天預告勞基法施行細則草案,其中,鬆綁了特休假計算方式,只要在不少於勞基法規定天數的前提下,事業機關都可以自由選擇,以曆年制或周年制,甚至公司的會計年度,來計算特休假。

一例一休上路後,勞動部曾建議,事業單位以"周年制"來計算勞工特休,卻引起爭議,勞動部下午預告勞基法施行細節修正草案,特休假計算方式鬆綁,在優於勞基法前提下,企業也可以選擇以曆年制為計算方式以一名7月1日到職的員工來說,到職半年後就有三天特休,以周年制計算,隔年的七月到職滿一年後,才能再有七天特休,但如果以曆年制計算,勞資雙方在優於勞基法的前提下,可以按比例提前給予特休,勞工在隔年一月起,就能擁有至少6.5天的特休

==勞動部勞動條件及就業平等司副司長 黃維琛==
當然如果採取了曆年制
或者是會計年度的這個方式
來去安排特別休假的話
結算點也會回到曆年制的結算點
和會計年度的結算點

施行細則也規範,沒有休完特休,必須在30天以內,或者最近一次發薪日結清,而許多雇主反應出勤紀錄如何認定是一大困擾,施行細則也規定,除了簽到簿或出勤卡,也可以用門禁卡或其他可記載出勤時間方式來認定。

==勞動部勞動條件及就業平等司副司長 黃維琛==
你如果說勞資雙方有協商過說
用Line來做一個打卡
或做一個工時的記載
如果雙方確實也是這樣做約定的
重點是說 這樣的一個資料
是要讓雇主記載
終究是雇主要記載的義務
那雇主要把他轉換成
到時候是可以被查核的

至於被工商團體詬病的彈性工時,勞動部表示,現在還在新法宣導期,目前還沒考慮修法,4月份起,為了提升事業單位對勞基法認知,將會依據個別產業特性需求,進行集體或專人客製化輔導服務

薛宜家 林志堅 綜合報導