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The overtime problem is quite common among Taiwanese workers. According to the Labor Standards Act, overtime hours per month shall not exceed 46 hours, but violations of the law occur from time to time in reality. This article will introduce how to solve the overtime problem within the legal scope, covering five major strategies such as labor standards law regulations, strategies for increasing income, and how to maintain physical and mental health.
According to Article 32, Paragraph 2 of the Labor Standards Act, overtime work shall not exceed 46 hours per month, and violators shall be deemed to have violated the law. Even if labor and management agree, they still cannot break through the restrictions. In a real case, workers working overtime for more than 100 hours per month was clearly illegal. If the company has special needs, the overtime limit can be adjusted to 54 hours per month with the consent of the trade union. The following is a table of elastic adjustment specifications:
project | General Cap | Upper limit after consent procedure |
---|---|---|
Daily work (including overtime) | 12 hours | 12 hours |
Monthly overtime | 46 hours | 54 hours |
Three months of overtime | 138 hours | constant |
Correctly record working hours to protect your own rights and interests. You can use clock-in records, overtime sheets or mobile phone APP records. Respond early when working hours are abnormal.
Understand the regulations of the Labor Standards Act and communicate with your supervisor or seek assistance from the union if you encounter overtime. The table lists the key legislative summaries:
Regulations | Summary |
---|---|
Article 32 of the Labor Standards Act | 12 hours a day, overtime no more than 46 hours a month |
Article 14, Paragraph 1 of the Labor Standards Act | If the employer violates the rules, the employee can terminate the contract without prior notice and request redundancy |
Article 184 of the Civil Code | If the violation of law causes damage to the rights and interests, compensation for damages may be requested |
The risk of overtime cannot be ignored. It is recommended to plan daily work reasonably, set clear goals, make a to-do list, and adopt the Pomodoro management method. It is also important to take regular breaks and adjust your working hours.
It is recommended to adopt a side job to increase income and alleviate financial pressure. Common types of side jobs are compared as follows:
Sideline Type | Required major | Degree of flexibility | Initial investment | Suitable for |
---|---|---|---|---|
affiliate marketing | Low~Medium | high | Very low | Office workers, students, housekeepers |
Tutoring | middle | middle | Low | Professionals |
Delivery Service | Low | high | Low | Part-time job |
SOHO project | high | high | Low | Design/writing professionals |
Overwork affects your health, so you should take the initiative to observe and develop healthy habits. When you encounter excessive workload, you should take the initiative to give feedback to adjust the division of labor and avoid long-term overwork. You can apply for a union together with your colleagues to improve your negotiation power.
If overtime exceeds 46 hours, according to the Labor Standards Act, workers can terminate the contract without prior notice and request severance pay according to the law.
If negotiation fails, you can report to the Labor Bureau or the Ministry of Labor, and the authorities will conduct labor inspections in accordance with the law. The process is as follows:
action | illustrate |
---|---|
Internal reflection | Report problems to supervisors and unions and seek coordination |
Labor inspection complaint | Apply to the Labor Department for a working hours check |
Termination of Contract | Exercising the right to terminate the contract without prior notice after confirming the violation |
Request for compensation | If damage is caused, request severance pay and compensation according to law |
Business owners should adjust their manpower allocation and implement flexible working hours, such as remote working, to avoid illegal activities and workplace safety risks.
Provide employee health checks, psychological counseling and stress management courses. Encourage employees to take time off to reduce stress.
Labor and management can hold meetings to review working hours and workload, and set up an "anonymous feedback channel" to avoid overtime pressure.
In the face of overtime issues, we call on workers to pay attention to their health and companies to abide by the law.
OvertimeBecome history!
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