Leave not to substitute for pay: Cabinet

ADDENDUM: A KMT proposal that workers receive compensatory leave in excess of the overtime they worked was watered down to make it cheaper than paying them

Taipei Times
Date: Jan 12, 2018
By: Chen Wei-han  /  Staff reporter

In defense of the newly amended Labor Standards Act (勞動基準法), the Cabinet yesterday said that a controversial amendment allowing employers to offer compensatory leave in lieu of overtime pay would not deprive employees of their right to overtime pay, while Premier William Lai (賴清德) praised Minister of Labor Lin Mei-chu (林美珠) for her help in passing the legislation.

The Legislative Yuan on Wednesday approved a set of amendments that allow businesses to raise the maximum number of consecutive working days from six to 12; conditionally lower the rest time between shifts from the normally mandated 11 hours to eight hours; and raise the limit on monthly overtime hours from 46 to 54.

Article 32-1, a new addendum, allows employees who have worked overtime to receive compensatory leave in lieu of overtime pay, with the length of leave equal to the number of hours worked in overtime.

However, the amendments require that employers pay between 1.33 times and 2.66 times a worker’s normal hourly wage for overtime — with the exact rate depending on the number of overtime hours and whether it is on a weekday or on their flexible days-off.    [FULL  STORY]

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