Labor: The Labor may have a deferred holiday if the national holiday is right on the same day of a labor’s regular working-off day or other recess day.
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[2014/04/11]
A common consensus, regarding the issue that a deferred holiday shall be given in the case that the national holiday is right on the same day of a labor’s regular working-off day or other recess day which the employer additionally gives to the labor beyond the statutory one that a labor shall have one day off in every 7 working days, has been reached among the labor and employer groups and other scholars participating in a forum held by the Ministry of Labor on April 11, 2014.
Besides, some participants also recommended that the different systems for labor’s and civil servant’s working hours and holidays should be adjusted and harmonized. According to the Labor Standard Act (“LSA”), a labor shall not work over 84 hours in every 2 weeks and shall have one day off in every 7 working days and other 19 statutory national holidays; on the other hand, while “Regulations on Implementation of Two-Day weekend system for the civil servants” and “Regulations on Memorial days and holidays” shall apply, the working hours of a civil servant are 40 hours per week, which allow him/her to enjoy a 2-day weekend, and the holidays under these two regulations are also different from LSA. However, the Ministry of Labor indicated that it should further seek for the common consensus on this issue and the amendments to relevant regulations should also be needed. The Ministry of Labor would firstly endeavor to urge the employers of private business to implement the 2-day weekend system voluntarily at this stage, and meanwhile, estimate and discuss the feasibility to reduce the statutory working hours and the relevant supplementary approaches as well.
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