Paid Vacation?

According to Article 38 of the Labor Standards Act:

And so on.

Boss of the company where I am working at informed me that annual paid leaves provides according to mentioned Article 38, BUT according to “company regulations”, paid vacation can be arranged only if I have worked in the company during 2 years, what means that only after second year in the company I can use those 10 days which I have collected during 2 years.

However, boss mentioned, that I have right to withdraw money for the first 3 days of paid leaves which I have collected during the first year if I do not want to wait that long to have a 10 days vacation, BUT I do not have right to rest during those 3 days, I only can get paid for them according to “company regulations”.

In addition Article 38 says:

However, boss never discuss this regulation with me.
So, my question, is it legal or just dishonesty? Can boss do such amendment to the labor regulations?
Thank you for answers!

P.S. Sorry for any grammatical mistakes if I did some.

[edited by moderator for clarity]

Your employer has no right to determine how you use your paid leave days.

Unfortunately, I noticed this matter after I signed the contract, employer mentioned in the contract that employee of X company have right to use paid vacation once he/she has worked at X company 2 years.

Hi FJ,

The first question is, are you 100% certain that your job is subject to the Labor Standards Act? Most jobs are, but there are exceptions. The people at your local labor department (勞動局 or 勞工局) should be able to answer this question.

As for your employer’s interpretation of LSA Art. 38, it sounds illegal, but seek expert advice (such as at the labor department) to be sure.