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FIVE WAYS FOR LABORS TO TAKE ANNUAL LEAVE|特休假給假方式放寬 未休完須折發工資

Good Morning Taiwan
2017-06-18
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According to the amendments to the Enforcement Rules of the Labor Standards Act, starting from today, workers are allowed to take their annual leave in accordance with five different systems. Most importantly, if workers fail to use up their annual leave by the end of the year, employers have to pay twice as much as their daily wage for one day's annual leave.


On Jun.16, the Ministry of Labor announced amendments to the Enforcement Rules of the Labor Standards Act. This was the largest number of amendments over the past 32 years, in which 16 articles were amended. The most important amendment is that ways to calculate annual leave are extended.

==HSIEH CHIEN-CHIEN Dept. of Labor Standards and Equal Employment Dir, MOL== 
The annual year system starts its calculation of annual leave from the on-board date. Other annual leave calculating systems include the calendar year system, fiscal year system, school year system, and a negotiated system between employers and employees.

Two new methods to calculate annual leave were added, in response to requests from educational units and companies. Now there are five methods to calculate annual leave. For example, the annual year system allows workers to take three days off and seven days off after working in the company for half a year and one year, respectively. Workers whose on board date is July 1, 2017, are allowed to take another 3.5 days off proportionally by the end of the year in the calendar year system. This means that the original seven days off in the annual year system are distributed into the following year. Workers can take 6.5 days off in 2017, and use the other 3.5 days annual leave in 2018. The school year system, which starts from August, also uses a proportional system.

==MS. YU member of the public==
Different calculation systems may appear the same. However, some of your annual leave may have been taken away from the company in this way.

==MR. LIN member of the public==
I take days off according to the days my company gives me.

The Ministry of Labor also said that employers have to pay their employees if they fail to use up their annual leave by the end of the year. Employers should pay twice as much as the daily wage for one day's annual leave in 30 days after the pay day or year-end. However, some people think that the amendment may cause confusion, since measures to calculate annual leave are now more complex. Workers may not be aware of the situation, and so will not know if their annual leave is taken away by the company.

TRANSLATED BY ARIEL HSIEH


勞動部,在昨天公告「勞基法施行細則」修正案,放寛「特休假」的給假方式。從明天開始,可以選擇使用週年制、曆年制、以及學年制等五種方式。如果當年度,沒有休完的話,雇主必須按日,發給1倍工資。

勞動部公告「勞基法施行細則」,32年以來的最大幅度修正,修改16條條文。其中最重要關鍵,就是放寬特休假的給假方式。

==勞動部勞動條件及就業平等司長 謝倩蒨(106.06.16.)==
週年制 要以勞工的到職日開始算
或者是以曆年制
或者是以會計年度
學年制 或勞資雙方約定的年度
來行使勞工的特別休假


原定特休假,是以週年制等3種方式同時並行,現在因應教育單位和企業提出的需求,新增兩種計算方式。舉例來說,如果勞工是今年7月1號到職,按「週年制」,就是滿半年3天、滿一年7天。如果是「曆年制」,等於明年一整年,會有工作滿半年的3天假,加上滿一年7天假「按比例」給的3.5天,剩下的3.5天併入後年計算。要是「學年制」的話,明年前半年也是3天,但因為學年採計是以8月開始為主,所以7月份的假也是按比例來給。

==民眾 余小姐==
如果表面上看不出來
但是其實 就是已經
假已經被他拿走了
你就會多上班 什麼之類的

==民眾 林先生==
看公司給幾天 我就放幾天


勞動部也說明,如果特休假在當年度沒有休完,資方必須按日給1倍工資,並在工資給付日或年度終結後30天之內發放。但有民眾認為,特休假給假更多元,但前提是計算要更簡單,才不會造成困擾,不清楚自己的假,有沒有被吃掉。

記者 台北 綜合報導