The Tainan City Occupational Safety and Health Department has strengthened publicity and labor inspections on "delayed wages (overtime pay) not being paid in accordance with regulations." (Photo by reporter Yang Jincheng)
In order to implement a labor-friendly environment, the Tainan City Labor Bureau conducted labor inspections as of August this year. The number one illegal violation of the Labor Standards Act by public institutions in Nan City is "delayed wages (overtime pay) are not paid in accordance with regulations." Even if the use of compensatory time off in exchange for overtime pay requires workers' consent, employers cannot unilaterally restrict it. The Labor Bureau will strengthen in-factory counseling and publicity to enhance public institutions' understanding of the law and prevent public institutions from affecting workers' rights and interests due to unfamiliarity with the law, so as to promote labor-employment harmony and create a high-quality labor environment.
Tainan City Labor Bureau Director Wang Xinji said that in order to assist public institutions in implementing the Labor Standards Law, as of August this year, a total of 1,326 legal compliance counseling sessions, 31 publicity meetings, and 1,438 labor inspections were conducted, with a total fine of NT$13.6 million. Further analysis of the labor inspection results revealed that 474 violations were found, among which the number one violation of the Labor Standards Law was delayed payment of wages and failure to comply with regulations.
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Li Xuanchang, director of the Tainan City Occupational Safety and Health Department, pointed out that common illegal situations in which overtime pay is not paid in accordance with regulations include calculating overtime pay only based on basic salary or basic salary, not calculating overtime pay in accordance with legal standards, employers failing to pay overtime pay for attendance on rest days in accordance with the law, and unilaterally restricting workers from working overtime and only using compensatory leave.
The Nanshi Occupational Safety and Health Office stated that if workers are required to extend their working hours, the employer should verify the labor attendance time to the minute and calculate overtime pay based on the actual extended working hours; if the worker negotiates with the employer to replace the overtime hours with compensatory time off, the choice should be made by the employee and negotiated by both parties. The employer must not unilaterally require the employee to only choose compensatory time off without paying overtime pay. If there are still unused hours when the compensatory leave period expires or the labor contract is terminated, the employer shall pay overtime pay in accordance with the law.
The Nan City Occupational Safety and Health Department said that there are about 20,000 public institutions in Nan City. If overtime wages (overtime pay) are not paid according to regulations during labor inspections, fines will be issued immediately. Public institutions are divided into two categories: A and B. According to the Labor Standards Law, the minimum fine is more than NT$20,000 and less than NT$1 million, and the fine can be increased repeatedly.
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