[quote=“Icon”]Please note that English websites here are rarely amended. That link dates to 2009. Oct 31st as holiday? December 25th? Bokolingah!
Remember NIA`s website that lists one address in Chinese and an older one in English? They moved what, 6, 7, 8 years ago?
Furthermore, there are several kinds of holidays. Weekends are one kind of holiday, or so considered. May 1st is also only for laborers and such, for example. Dec. 25th is listed in Chonese link as such to be conmemorated… but not with time off for all as we would assume.[/quote]
Unlike most English pages on government websites in Taiwan, every English document at the Ministry of Justice’s online database of laws and regulations has a little red “Ch” button that links directly to the Chinese version. (Not every Chinese document has a little orange “英” button that links to the English version, because they haven’t translated all of them.) There are discrepancies here and there due to shoddy translation and in some cases due to the English versions not being updated as often as the Chinese versions, but in this case even though the Chinese version is from 2015-10-23 and the English one from 2009-02-27, Article 23 is the same.
[quote=“http://law.moj.gov.tw/LawClass/LawAll.aspx?PCode=N0030002”]第 23 條
本法第三十七條規定應放假之紀念日如左：
一、中華民國開國紀念日 (元月一日) 。
二、和平紀念日 (二月二十八日) 。
三、革命先烈紀念日 (三月二十九日) 。
四、孔子誕辰紀念日 (九月二十八日) 。
五、國慶日 (十月十日) 。
六、先總統 蔣公誕辰紀念日 (十月三十一日) 。
七、國父誕辰紀念日 (十一月十二日) 。
八、行憲紀念日 (十二月二十五日) 。
本法第三十七條所稱勞動節日，係指五月一日勞動節。
本法第三十七條所稱其他由中央主管機關規定應放假之日如左：
一、中華民國開國紀念日之翌日 (元月二日) 。
二、春節 (農曆正月初一至初三) 。
三、婦女節、兒童節合併假日 (民族掃墓節前一日) 。
四、民族掃墓節 (農曆清明節為準) 。
五、端午節 (農曆五月五日) 。
六、中秋節 (農曆八月十五日) 。
七、農曆除夕。
八、台灣光復節 (十月二十五日) 。
九、其他經中央主管機關指定者。
[/quote]
[quote=“http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=N0030002”]The annual commemorative holidays mentioned in Article 37 of the Act are as follows:
l. Founding Day of the Republic of China (January 1),
2. Peace Memory Day (February 28),
3. Revolutionary Martyrs Day (March 29),
4. Confucius Birthday (September 28),
5. National Independent Day (October 10),
6. President Chiang Kai-shek’s Birthday (October 31),
7. Dr. Sun Yat-sen’s Birthday (November 12), and
8. Constitution Day (December 25).
The Labor Day mentioned in Article 37 of the Act is May 1 Labor Day.
The other holidays mentioned in Article 37 of the Act as set by the Central Competent Authority are the followings:
- The following day of the Founding Day of the Republic of China (January 2),
- Chinese New Year (January 1 to January 3 of the lunar calendar),
- Women Day and Children’s Day combined (the day before Tomb Sweeping Day),
- Tomb Sweeping Day(Qingming Festival of the lunar calendar),
- Dragon Boat Festival (May 5 of the lunar calendar),
- Mid-Autumn Festival (August 15 of the lunar calendar),
- Chinese New Year’s Eve,
- Taiwan’s Restoration Day (October 25), and
- Other holidays as designated by the Central Competent Authority.
[/quote]
Also note the Taipei govt page I cited is from this year:
點閱: 55512 資料更新: 2015/4/9 10:07 資料檢視: 2015/4/9 10:06
資料維護: 臺北市政府勞動局勞動基準科
And also note the first sentence on that page, 依勞基法第37條以及同法施行細則第23條規定，所謂「國定假日」，依序如下：
(In accordance with the provisions of Article 37 of the LSA and Article 23 of the same Act’s Enforcement Rules, so-called “national holidays” are the following, in order:)
The confusion about Oct 31 is understandable because it was supposed to be abolished in 2007. It’s not in the current version of the 紀念日及節日實施辦法 (law.moj.gov.tw/Law/LawSearchResu … 5%E6%97%A5), but it is in the current version of the Enforcement Rules of the Labor Standards Act as quoted above, so as far as labor law goes, it still exists.
Speaking of “labor”, Labor Day is not just for “laborers”. There’s no practical difference between the three categories of holidays listed in Article 23 of the ER (memorial days, Labor Day, and “other designated days”). They all count as holidays (or “days on which leave should occur/應放假之日”) for the purposes of Articles 37 & 39 of the LSA.
[quote=“http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=N0030001”]Article 37
A worker shall be granted recess on all holidays, the Labor Day and other days prescribed by the Central Competent Authority.
Article 39
Wages shall be paid by an employer to a worker for taking a regular day off under Article 36, a holiday under Article 37 and an annual paid leave under Article 38. When an employer has obtained the consent of a worker to work on a holiday, he/ she shall pay the worker at double the regular rate for such work. This shall also apply where, with the consent of the worker or the labor union, the worker is required to work to meet urgent, seasonal requirements.
[/quote]
[quote=“http://law.moj.gov.tw/LawClass/LawAllIf.aspx?PCode=N0030001”]第 37 條
紀念日、勞動節日及其他由中央主管機關規定應放假之日，均應休假。
第 39 條
第三十六條所定之例假、第三十七條所定之休假及第三十八條所定之特別
休假，工資應由雇主照給。雇主經徵得勞工同意於休假日工作者，工資應
加倍發給。因季節性關係有趕工必要，經勞工或工會同意照常工作者，亦
同。
[/quote]
The word “勞工” is officially translated as “worker” and defined in Article 2 to have the same meaning as employee, no white/blue collar distinction, no part/full time distinction, and while we’re at it, no wage/salary distinction. The only question is whether or not a person is covered by the Act, and for that you need to look up your job (or just ask your local labor dept to look it up for you). Buxiban teachers are covered, and probably most people reading Forumosa are covered.
The Ministry of Labor also lists the same days, along with the various types of leave most people are entitled to, on this page, dated 2015-06-09.
mol.gov.tw/topic/3067/14530/19538/
And if you click on the “勞動基準法施行細則第23條” link from there you get the Enforcement Rules again (laws.mol.gov.tw/Chi/FLAW/FLAWDAT … Cd++%B8%DF), this time at the MOL’s online database, also with the little buttons to swtich languages, though the MOL still has the Chinese version from 2009-02-27 (no difference in Article 23).
So yes, all 17 listed days/festivals are holidays, which should make 19 days in total. May 1 is a holiday, Oct 31 is a holiday, and Dec 25 is a holiday, at least this year. Merry Constitution Day! 
:bravo:
That means work, employment, jobs…