Friday, January 9, 2009

Labor Laws

(I) Wages
Wages shall be negotiated by the employer and the employee but shall not be lower than minimum wage, must be paid in the form of currency and paid directly to the employee. There may be exceptions.
(II) Hours
The employer and the employee shall negotiate hours. For those professions governed by the Labor Standards Law, a worker shall have regular working time not in excess of eight hours a day and eighty-four hours every two weeks. Overtime shall be applied in accordance to the Law. There shall be at least a 30-minute rest period after each 4 hours of consecutive work. For those in shift work or who have an emergency situation, the employer must build in additional rest periods during the work day.
(III) Holiday
There shall be at least one day of leave every seven work days. Exceptions may be when there are acts of God, accidents or emergencies. After completion of one year’s work, there shall be at least seven additional days’ leave beginning the second year.
(IV) Leave
Personal Leave
Personal leave may be taken when an individual has personal business to tend to. Personal leave must be applied for in advance, in writing, to the supervisor. There may be no more than a total of 14 days’ personal leave in one year.
Sick Leave
Those needing bed rests due to illness may request sick leave. There may be no more than a total of 30 days’ sick leave, excepting hospitalization.
Official sick leave
For work-related injury requiring bed rest, official sick leave shall be granted. (V) The Central Government’s Council for Labor Affairs shall review each contract established between employer and employee for those employed as housekeeper, to ensure that work hours, holidays and personal leave are established in a fashion that does not abuse the employee’s health and well being.
(VI) Labor and Health Insurance
1. All ROC citizens and foreign laborers holding an ARC must be enrolled in the National Health Insurance Program.
2. Those foreign laborers employed in an establishment with more than five laborers must enroll in the Labor Insurance Program through the employing organization.
3. Health insurance premium shall be 4.25% that of the insured amount; Labor Insurance premium shall be 6.5%. Premiums for occupational accident insurance vary by profession and can range of 0.09-3%. Payment of occupational accident insurance premiums is the sole responsibility of the employer.
4. Payment of health insurance premiums for foreign laborers shall be as follows: employer pays 60%, government pays 10% and employee pays 30%.
5. Foreign laborers hired as housekeeper shall have the option of joining the Labor Insurance Program.
6. The Labor Standards Law as well as Labor Insurance regulations shall govern all rights and responsibilities concerning insurance for foreign laborers.
(VII) Laborer Welfare
1. All government and civilian-managed businesses shall establish a Laborers’ Welfare Council. Foreign laborers shall have 0.5% of monthly salary deducted for the laborer welfare fund and enjoy all welfare benefits available to members of the Laborers’ Welfare Council.
2. Those employers who have not yet established a Laborers’ Welfare Council must so indicate to the foreign laborer at time of contract signing.

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