Hi,
Does anyone know if there are any regulations if the company can deduct part of employee
I guess that depends on the company and their policies - or the mood of your boss if there isn’t such a thing.
And as I understand it the governement announced holiday applies only to government agencies/departments while private companies are given the choice to follow suit or not (and put their employees at risk).
My girlfriend and I were talking about this recently. She’s the Personnel Manager at her company and has been attending Labor Law workshops recently as part of her job.
If I understood her correctly, under Taiwan law, companies are NOT obligated to pay you for “Typhoon holidays”. Most of them DO, however. But if your company is not paying you for the 2 days off we had last week, they are not doing anything wrong
(they just aren’t as cool as everyone else!)
She even asked me to check with my HR dept if they paid me, and added, “If they are, they are being nice!”
I just asked her now. She says that while there is no specific article in the Labour Law code, this case falls under something called an “explanation” (can anyone give proper translation?). It sounds like a “precedent” to me.
Here’s her citation: According to the Executive Yuan Labour Committee, 12 July 1991, Explanation No. 17564:[ol][li]Whether staff gets paid during a Typhoon holiday is determined by your contract.[/li]
[li]If staff doesn’t show up, the employer should NOT consider this to be “leave without notice” or force them to use personal leave time to make up for it
However, the employer can choose NOT to pay for those days.[/li][/ol]
If staff DO show up for work, then the employer can decide whether to pay them “additional salary” (ie does this count as overtime, time-and-a-half, like that)
In short, if the employer doesn’t pay, it’s legal
Taiwanese employers are as tight as arses, which of course everyone who’s worked here for more than a day knows. I’ve never heard of a company trying to not pay employees for Typhoon days, although I am sure it breaks the heart of a Taiwanese laoban to pay his staff to sit at home, even for one day a year.
Taiwanese workers already get the lowest amount of leave I have ever heard of. I can imagine, given the pisspoor wages in Taiwan and the lack of difference between one employer and another, that a company that tries this will find its employees walking straight out into another job. Just a feeling.
[quote=“Simon2100”]Hi,
Does anyone know if there are any regulations if the company can deduct part of employee
It has always been accepted here that Typhoon days give everyone the day off. Why do you think the announcements are so eagerly awaited by non-government employees?
Really? I know quite a few people who didn’t get those days off and I take it at least a few that were off and thought they were going to get paid for it. 