I understand that at the end of a one year full time contract that I am legally entitled to 7 days paid leave. I took no leave so I think they need to pay me the 7 days.
How would 7 days be calculated on a monthly salary of 62 500 NTD?
Thanks.
I’ll need a legal chap to back me up on this, but I’m pretty sure that leave during the first year is unpaid. Which, if you take it, is great.
If anything like most Taiwanese companies it will be 7/31.
Andrew
August 24, 2020, 12:19pm
4
I also thought the typical calculation was something sketchy like this, which relies on a couple of dubious assumptions like all months having 31 days (rather than 30.4 on average) and 7 days a week being working days (rather than 5). The perceptive reader may notice that both of those assumptions benefit the employer rather than the company, but I’m sure that’s just a coincidence…
I think the more accurate way would be something like dividing your nominal annual salary by nominal number of working days (251 or whatever it is minus 7 holiday days, I guess) to get your daily rate and multiplying by 7,* but good luck getting your employer to use a less favourable equation.
*not sure exactly whether to minus the 7 here, but I’m outside and it’s hot and my brain can’t work it out.
yyy
August 25, 2020, 1:21am
5
Pro bono Biggo Dicko , I will back you up as far as the old law goes, but after the big set of amendments a few years ago, it now starts at six months.
Article 38
A worker who has worked continually for the same employer or business entity for a certain period of time shall be granted annual paid leaves on an annual basis based on the following conditions:
Three days for service of six months or more but less than one year.
Seven days for service of one year or more but less than two years.
Ten days for service of two years or more but less than three years.
Fourteen days for service of three years or more but less than five years.
Fifteen days for service of five years or more but less than ten years.
One additional day for each year of service over ten years up to a maximum of thirty days.
Annual paid leaves from the preceding paragraph are to be arranged by workers. The employer, however, in the light of urgent needs of the business operation or personal factors of workers, may consult and make adjustments with workers.
The employer shall inform the worker to arrange the annual paid leaves of the preceding two paragraphs when the employee meets the conditions for the annual paid leaves under Paragraph One.
Wages must be paid for annual paid leaves not used by workers because of the termination of annual or termination of contracts. For unused annual paid leaves extended until the following year according to the agreement reached by employers and workers, wages must be paid for those not used by workers at the end of the following year or upon the termination of contracts.
The employer shall record the dates of annual paid leaves of workers and the total amount of the wages paid for annual paid leaves have not been taken in the worker payroll roster designated in Article 23 and shall inform the worker in writing every year on a regular basis.
In the case of a claim of rights by workers under this Article, the employer shall bear the burden of proof if the employer considers that the workers’ rights do not exist.
第 38 條
勞工在同一雇主或事業單位，繼續工作滿一定期間者，應依下列規定給予特別休假：
前項之特別休假期日，由勞工排定之。但雇主基於企業經營上之急迫需求或勞工因個人因素，得與他方協商調整。
雇主應於勞工符合第一項所定之特別休假條件時，告知勞工依前二項規定排定特別休假。
勞工之特別休假，因年度終結或契約終止而未休之日數，雇主應發給工資。但年度終結未休之日數，經勞雇雙方協商遞延至次一年度實施者，於次一年度終結或契約終止仍未休之日數，雇主應發給工資。
雇主應將勞工每年特別休假之期日及未休之日數所發給之工資數額，記載於第二十三條所定之勞工工資清冊，並每年定期將其內容以書面通知勞工。
勞工依本條主張權利時，雇主如認為其權利不存在，應負舉證責任。
As for calculation, for comparison check this.
Take your total monthly “wage” (including salary and regular allowances as defined in Art. 2, subject to the exclusions listed in Art. 10 of the Enforcement Rules), divide it by 240 (30 days including weekends and holidays, 8 hours per day), and you have your theoretical hourly rate on which to base the Art. 24 overtime rates.
This is different from the “average wage” formula, in which the length of a month is supposed to be more than 30 days. It also creates a discrepancy between the basic (ak…
If your monthly salary is $60,000, it stands to reason that you can claim $2000 per day.
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