I work as sales engineer for a small Taiwanese company.
I need help to clarify article 35 from the labor standards act.
“A worker shall be permitted to have a break for at least thirty minutes after having worked for four continuous hours; provided, however, that such break may be rescheduled by the employer to be taken within other working hours if a rotation system is adopted or work of a continuous or urgent nature is involved”
My company wants to change the regular working time in 2014 because that article:
Working time will be from 8:30am to 18:30pm and lunch time is from 12:00pm to 13:15pm.
Previously was just normal working time 9:00am to 18:00pm, lunch time was from 12:00pm to 13:00pm.
Any of you guys doing similar working time because article 35?
I would think that article applies more for some specific jobs like customer service or blue collar jobs.
Anyone can explain me the meaning of “however, that such break may be rescheduled by the employer to be taken within other working hours if a rotation system is adopted or work of a continuous or urgent nature is involved”.
Not sure why they want to change this now, any change in the labor standard act for working hours in 2014?
I feel that new working time goes against the law of maximum working time of eighty-four hours every two weeks and I think is stupid, such thing won’t be enforced in real life for my type of job, it’s not like I’m going to stop my work at 5pm and back at 5:30pm every day, even though I may start to do it. I do usually take several breaks through the day but I guess that’s normal and never heard of companies that consider those breaks as off working time.
Working hours should not exceed more than 8 hours every day. You are working 8.75 hours (87.5hours in 2 weeks) which is too much. You have 3 options here.
Talk to your boss about it. Explain to him according to the labor law, the company working hours exceed 8 hours pr day or 84 hours per 2 weeks. If I were you then I would suggest leaving 4:45pm on fridays to stay within the legal framework. They will most likely not agree to this, but try anyway
Suck it up.
Involve the labor government - Will most likely make you lose your job one way or another.
Anyway I would not accept it, but before I would involve the labor government I would talk to the company first. If they insist in their way then involve the labor government.
That’s the thing, according to him we are working 8.25 hours/day because we have 30 mins break in the afternoon. A break that only me is taking (I take this break with or without that rule anyways as I get too hungry in the afternoon), other people just keep working.
I did talk to him and I had to suck it up.
So from your point of view, the 30mins break should be included as working time then total working time is 8.75hours/day?
publicly listed company, Shin Zu Shing Co., Ltd., a producer of hinges for liquid crystal display (LCD) panels and tablets, was fined NT$510,000 for forcing its workforce of 2,000 to work overtime without extra compensation,
It’d be interesting to know what the cost of the overtime would have been if they’d paid it. I bet NT$510,000 is a bargain. With 2000 workers, that fine must be a fraction of a percent of their total monthly staff costs, so hardly very punitive.
It seems like they should at least be required to pay the unpaid overtime in addition to any fines.