Hi,
I know the formula and tiers, but I don’t know how to calculate how much it my “hourly salary”. They divide by the number of natural days of the current month and by 8 (hours per day), but obviously I don’t work 31 days per month… that doesn’t make much sense.,
Any law that explains this?
Following Chus questions, does this still apply?:
So, yes, it would be interesting to know how to calculate the hourly rate.
Not sure if this is correct for all jobs in Taiwan, but I’ve heard that the way to calculate it is as follows:
Let X = the number of hours you work in a week.
Then if you are at a standard, salaried position,
the formula for how much they have to pay you is
NT$(X minus 40) times Y
Where Y equals zero. :neutral:
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 (aka minimum) wage for full-time and part-time workers. It’s $20,008/m or $120/h, but with the monthly version the theoretical hourly rate is $83.37/h.
Also check the fine print of your contract and work rules. If either of them contains a formula more favorable to you, it prevails.
[quote=“jesus80”]Hi,
I know the formula and tiers, but I don’t know how to calculate how much it my “hourly salary”. They divide by the number of natural days of the current month and by 8 (hours per day), but obviously I don’t work 31 days per month… that doesn’t make much sense.,
Any law that explains this?[/quote]
As for 31 vs. 30, I don’t remember seeing any 函’s that said to use the actual days in a given month (i.e. they use the flat 240h/m formula), even though they do say to use the actual number of days when calculating the “average wage” (for severance pay etc.). If you do enough overtime for the difference between 30 and 31 to be worth fighting over, you should ask the Ministry of Labor for a definitive answer: english.mol.gov.tw/homeinfo/6462/19948/
I went to a government office today and they told me that 31 days for the last month is correct… wtf…
YYY, much appreciative for your diligence at this late hour.
Yeah, thanks a lot yyy. I didn’t say that because i’m trying to send this (and the pm) ASAP.
The first han at mol.gov.tw/topic/3067/5991/6010/19252/ says 240h (i.e. 30 days), but it doesn’t explicitly say that using the actual number of days per month is wrong. (If you can’t read the numbers, the ones that look like “。” are supposed to be “〇” i.e. zero.) I think I saw another one somewhere that said 30 days, but maybe it didn’t say 31 was wrong either.
The principle of using 31 days in March is definitely sound, assuming they also use 29 days for February this year.
For some strange reason I think that to use natural days is… bullshit. it’s 2016, regular workers don’t work on Saturdays or Sundays, to count them is only for making your wage lower in case they have to pay you overtime. :S
Using western logic, I think your point of view is very valid. However, the government’s formula makes sense in the Taiwanese, or Chinese, context. The theory is that weekends and holidays are days on which you just happen to be “on leave”, and this is reflected in the language they use to talk about the employer’s obligation to pay – not that the days are non-working days but that the employee is on “weekly leave” or “holiday leave”. It’s like when they talk about the nature of employment relationships, they emphasize that the employee is supposed to have “subordination of personality”, “loyalty” towards the employer, and so on… a Confucian interpretation of human rights. 
It is so weird… it is really two completely different kinds of thinking/points of view. The local authorities feel that they are paying for your “rest” time over the weekend and holidays, so as some kind of zero sum game, this money is somehow “taken” or "deducted’ from them. Hence, the animosity towards this topic’s Western view.
Using western logic, I think your point of view is very valid. However, the government’s formula makes sense in the Taiwanese, or Chinese, context. The theory is that weekends and holidays are days on which you just happen to be “on leave”, and this is reflected in the language they use to talk about the employer’s obligation to pay – not that the days are non-working days but that the employee is on “weekly leave” or “holiday leave”. It’s like when they talk about the nature of employment relationships, they emphasize that the employee is supposed to have “subordination of personality”, “loyalty” towards the employer, and so on… a Confucian interpretation of human rights. [/quote]
That is ridiculous logic considering that the labor law specifically calls for a 40 hour work week with two days off per week.
Using western logic, I think your point of view is very valid. However, the government’s formula makes sense in the Taiwanese, or Chinese, context. The theory is that weekends and holidays are days on which you just happen to be “on leave”, and this is reflected in the language they use to talk about the employer’s obligation to pay – not that the days are non-working days but that the employee is on “weekly leave” or “holiday leave”. It’s like when they talk about the nature of employment relationships, they emphasize that the employee is supposed to have “subordination of personality”, “loyalty” towards the employer, and so on… a Confucian interpretation of human rights. [/quote]
This is true, they often include all the weekends in the year in the total for ‘holidays’. So they’ll claim you get 120 holidays or whatever through the year with a straight face.