Regulations for Working Hours and Wages on Spring Festival in 2022

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From the statement issued by Ministry of Labor, the period of spring festival holiday shall be from 31st on January to 3rd on February in lunar calendar, which period shall be affiliated as national holiday, so it is compulsory that the employer shall double the wages with the consent of employee to be on duty within the term by the prescribed laws in “Labor Standards Act”.

In regard to the explanation from Ministry of Labor in Taiwan, the regular working days are from Monday to Friday and regular holiday are Saturday and Sunday. The consecutive holidays of spring festive is adjusted into 9 days to follow the “Competent Authority Working Calendar” in 2022. Based on the regulation “Flexible working hours in 8 weeks”,  after the procedure of “With the prior consent of the labor union, or if there is no labor union exists in a business entity, with the agreement of a labor-management conference”, the regular holiday at 22th on January is exchanged with the regular working day on 4th February. That is, the regular working day on 4th February becomes a part of holiday, so employers are mandatory to pay the wages of extra working hours for employees on duty at that day. For instance, an employee whose amount of monthly salary is TWD$36,000 in 8 duty hours (TWD$36,000 ÷ 30 days ÷ 8 hours, the estimated amount of wages is TWD$150 per hour on weekday.) shall be paid the amount of daily wages as following regulations:

 

  1. In accordance with the article 39th in “Labor Standards Act”, the wages shall be doubled for employees on duty within the national holiday period from 31/01/2022 to 03/02/2022.
    Trial computation: TWD$150 x 8 hours ×2＝TWD$2,400

 

  1. In regard to the item 2 at article 24th in “Labor Standards Act”, the extra wages shall be paid for employees on duty within 04/02/2022 to 05/05/2022.
    Trial computation: TWD$150 x 1⅓×2 hours + TWD$150 x 1⅔×6 hours  = TWD$1,900

 

  1. Due to the nature of 06/02/2022 being holiday, it is not allowed to force employees to work on regular holidays if no any disaster, incident or emergency is occurred.

 

All corporation shall fully comply with the prescribed regulations to pay the wages for employees who work on duty within the term of spring festival holiday in 2022. In the circumstance of employer who ignores the related articles, the employees are able to appeal this situation to the competent authority of labor in the place of corporation with related evidences to maintain their rights.

 

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