Paid vacation

Work Working in Taiwan
1

Hi,

I am planning to leave Taiwan this summer, and I haven’t told these news to my company. I still have 6 paid days off and I was wondering if there is such a practice where I can ask the company to pay me 6 daily salaries instead of taking these days off?

Hope my question is understandable.

2

I think in Taiwan it’s a “use it or loose it” situation when it comes to paid vacation for one contract.

3

According to my HR department, it’s a “use it or have it be converted to wages” situation. Meaning that they used to have the flexibility to allow us to roll our unused vacation days into the next year, but some new law was passed that requires companies to pay you for any unused vacation days at the end of your annual contract period.

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4

yeah this is what i am afraid of

5

@Nightdiver13 is correct. Company should pay for unused paid vacation when your contract is terminated.

6

Deyo are you finishing your contract or leaving early?

7

I am leaving early. My contract is until the end of August and I am leaving 1,5 months before the end of it, moving back to my home country.

8

Articles 14 and 15 of Labor Standards Act tell when a worker can terminate a contract.

Article 38 is on annual paid leaves. It says “Wages must be paid for annual paid leaves not used by workers because of the termination of annual or termination of contracts.”

Labor Standards Act
http://law.moj.gov.tw/MOBILE/lawEng.aspx?pcode=n0030001

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9

My company started compensating last year. However, they will only pay for 8-hour blocks. For example, if I took a half-day off, I will have only used 4 hours of a full day off. The remaining 4 hours turns into a use it or lose it situation.

10

Wonder if that is legal. My company pays down to the decimal point. Ex: 4.5 hours, etc.

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11

Good to know. I’ll have to look into it. Though, won’t need it this year as I used all my days up already.

12

My company compensated last year, but then this year they cited a change to the law that allows them to carry it over into next year, then on a rolling basis compensation kicks in if you don’t use the previous year’s in the second year. Hope that makes sense.

I really have no idea what the law actually says.

13

this part of Article 38 of LSA.
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.

2 Likes
14

Thank You all! Well, now I feel confident about bringing up this topic to my boss :slight_smile:

15

Based on the Labor Standards Act:

Employees are entitled to the following paid annual leave based on years of service (calculated from the date the employee commenced employment):

  • Three days for service of more than six months but less than one year.
  • Seven days for service of more than one year but less than two years.
  • Ten days for service of more than two years but less than three years.
  • 14 days for service of more than three years but less than five years.
  • 15 days for service of more than five years but less than ten years.
  • One additional day for each year of service over ten years (up to a maximum of 30 days).

Where the employer and the employee do not agree to carry over unused annual leave to the next year or where their employment contract is terminated, one day’s regular wages must be paid for each day of unused annual leave remaining.

My question is this - if I terminate my contract on the first day of my 6th year, am I entitled to be compensated for the full 15 days of my annual leave in cash or would the 15 days be pro-rated?