What does the labor law says about Working over tme?

I been trying to find information what the labor law says about working over time, but without any luck.

My experience pretty much every Taiwanese company won’t pay for over time or give me time off for the time I worked over time. However from my understanding Taiwanese companies can not decide this matter and they need to give compensation. However these laws/rules are not being enforced.

If you know the rules or got a guideline, then please let me know - thanks :slight_smile:

laws.cla.gov.tw/eng/flaw/flawdat … d=FL014930

Above is the labour law with all the details. From my understanding, overtime pay is cheaper and seems to be low in tax for the company, so for example my company pays mostly overtime salary even though I don’t do much, hence I pay less tax at the end of the month because the “standard pay” is below a maximum and hence taxed much lower.

Thanks man for the information :slight_smile:

[quote=“Kaalund”]I been trying to find information what the labor law says about working over time, but without any luck.

My experience pretty much every Taiwanese company won’t pay for over time or give me time off for the time I worked over time. However from my understanding Taiwanese companies can not decide this matter and they need to give compensation. However these laws/rules are not being enforced.

If you know the rules or got a guideline, then please let me know - thanks :slight_smile:[/quote]

What type of work are you doing…?

I am doing Sales & Marketing.

Get used to the unpaid overtime, it’s the culture here…

Well this issue is not about culture, it is about labor rights and how to enforce them.

:roflmao: Good luck…

I have a friend who actually did call the labor government because he didn’t get any over time pay. The labor government went to the company and ordered the company to pay.
So it is possible to enforce the laws :slight_smile:

I work in the same field and as a foreigner you have certain privileges. My boss just recently told me in order to get more bonus I should work more overtime and come in on the weekends, I told him I do exactly the same amount of work more or less like my Taiwanese colleagues in 9 or 10 hours, without staying 12 hours or more in the office… well he didn’t had much to argue about that and accepted it… no reason to waste time in the office and doing nothing. .however in Taiwan your colleagues are also your friends so Taiwanese may have actually some fun at work… cause they basically hang out with their friends right?..

But you see 9-10 hours is already too much. After 8 hours of work (Not included lunch break) you have the right to ask for over time pay, if I understand it correctly:
Article 30 : A worker shall not have regular working time in excess of eight hours a day and eighty-four hours every two weeks.

So if I understand this correct, if you work 9 hours then the company HAS to pay 1 hour over time pay. Hourly wage + 33 % of the hourly Wage. Is that correct understood ?

An employer shall pay a worker overtime wages on the following basis:

  1. Where the overtime work does not exceed two hours, the worker shall be paid, in addition to the regular hourly wage, at least an additional one-third of the regular hourly rate.
  2. Where the overtime work is further over two hours, but the total overtime work does not exceed four hours, the worker shall be paid, in addition to the regular hourly wage, at least an additional two-thirds of the regular hourly rate.
  3. Where the overtime work is requested in accordance with Paragraph 3 of Article 32, the worker shall be paid two times the regular hourly rate.

Or they will simply replace you with someone who won’t complain about it.

This is not the point here. I am only interested in what the labor says nothing else. I think it is very important to know the rights to avoid getting exploited.

well 3 out of 5 days I leave on time but arrive around 30 minutes earlier… but sometimes I just feel stupid being the first to leave… then I just surf another 30 minutes on facebook or so… thats 9 hours all together + lunch.

Yeah I know the feeling. I usually sit for 30 mins after 6pm before I go home.

For me it was just impotant to clarify our rights according to the labor law. The law can be enforced by contacting the labor government anonymously if think it is needed someday :slight_smile:

I’m not sure why you’re working in a local Taiwanese company when you could be a highly paid rubbish English teacher. You certainly qualify… You probably earn around 30k ntd for your 50 hour week, whereas, you could easily earn 50k as a charlatan English teacher…

Screw that. You can earn 100000US a month as a multi-national bisexual male model if you can speak a bit of Chinee.

[quote=“tomthorne”]
Screw that. You can earn 100000US a month as a multi-national bisexual male model if you can speak a bit of Chinee.[/quote]

I have enough trouble speaking Chinese, let alone, Chinee!

[quote=“Bitterlemon”][quote=“tomthorne”]
Screw that. You can earn 100000US a month as a multi-national bisexual male model if you can speak a bit of Chinee.[/quote]

I have enough trouble speaking Chinese, let alone, Chinee![/quote]
en.wiktionary.org/wiki/Chinee

Now considered merely an illiterate alternative to Chinese. Source: Wiki

Note to self: Must learn this. Will be very useful…