Labor Standards Act Overtime Limits: 3 Must-Know Tips to Avoid Violations

Since the implementation of the two-day weekend and total overtime control in Taiwan's Labor Standards Act,Labor Standards Act Overtime LimitIt becomes the most important regulation that employers and workers must comply with. The Ministry of Labor has repeatedly emphasized that overtime work that does not comply with legal requirements will not only result in penalties, but may even affect the company's reputation and employee rights. This article will analyze the details of the overtime limit in a clear and orderly manner in the form of a news feature, and provide 3 must-know compliance tips to help employers and employees work with peace of mind and operate legally.

Labor Standards Act overtime limit: understand the latest regulations at a glance

What is overtime? How to define working hours?

According to Article 30 of the Labor Standards Act, the normal working hours of workers shall not exceed 8 hours per day and 40 hours per week. This is the definition of "normal working hours". Work that exceeds this standard number of hours is considered "overtime" (extended working hours).

Overtime cap rules revealed

Labor standards laws have clear limits on the amount of overtime each employee can work.

• Daily overtime (including regular shifts) shall not exceed 12 hours
• The total overtime hours per month shall not exceed 46 hours
• With the consent of the trade union (or labor-management meeting), a three-month total control can be adopted: a maximum of 54 hours per month, and a total of no more than 138 hours in three months

Note: In case of special circumstances such as natural disasters or accidents, exceptions may be made with approval from the competent authority.

New rules for calculating overtime pay and compensatory leave

In addition to the hour limit for overtime, there are also clear regulations on salary payment and compensatory leave. The first 2 hours of overtime should be paid at 1.33 times the hourly wage, and the additional 2 hours should be paid at 1.67 times the hourly wage. Attendance on rest days must be increased stage by stage. Compensatory leave can be chosen but it requires the employee's willingness and mutual agreement. If the compensatory leave is not fully taken, wages must be paid according to the above calculation.

3 must-know tips to avoid violations

1. Implement working time records and precise control

Most violations occur due to omissions or deliberate falsification of work time records. The Ministry of Labor’s audit results show that many public institutions have been fined for failing to accurately record overtime hours. Employers should use an electronic system for clocking in and out, and regularly check each employee’s monthly working hours to proactively warn of abnormal situations.

• ElectronicAttendance Record, to avoid typos or omissions
• Set "weekly overtime hours warning value" for automatic reminder
• Supervisor or HR will review all working hours monthly

2. Correctly understand the total volume control application and operation process

Many industries have high demand during peak seasons, but if they are notTotal Control"If you apply for an overtime job, it will be illegal.

• The three-month total quantity control must be approved by the labor union or labor-management meeting and reported to the local labor bureau for record
• If the record is not completed, the monthly limit of 46 hours will apply; violators may be fined 20,000 to 1 million yuan

1. Convene labor-management meeting/union discussion and resolution
2. Complete the official document or keep it online for reference
3. Clearly inform employees to avoid misprinting hours

Reminder: The continuous use of total quantity control must still be based on the monthly/three-month upper limit as the final standard, and exceeding the limit is strictly prohibited.

3. Flexible Scheduling and Fully Notifying Employees of Their Rights

Many violations occur due to temporary overtime, staggered shifts and failure to properly arrange rest breaks, which lead to overtime.

• There must be one "regular holiday" and one "rest day" every seven days.
• If the employer needs to adjust the work schedule, he must announce it in advance and obtain the consent of the workers.
• Temporary attendance requirements must still comply with the total amount of overtime required by law, otherwise it will be considered an illegal transfer.

Example reminder:

• An electronics factory was fined 200,000 yuan for an urgent project, in which employees worked overtime for 55 hours a month. The union did not stamp its approval or keep it for inspection.
• A restaurant company failed to announce shift changes, causing workers to work seven consecutive days, violating the statutory leave provision and was fined 100,000 yuan

Penalties for illegal overtime work and suggestions for implementation

Common violation patterns and suspended penalties

Violation of the Labor Standards Act's overtime limit or compensatory leave payment will result in:

• The competent authority ordered rectification and adjustment within a time limit
• Fine per offense: NT$20,000 to NT$1 million
• Continuous violations may result in heavier penalties, and the most severe punishment may be the disclosure of the company name.

Responsibilities of both parties and communication mechanism

Worker-specific assistance resources

If workers find that their working environment isLabor Standards Act Overtime LimitIf you have any violation or doubt, you can appeal to the following units.

Long-term protection and legal operation

With the rise of labor awareness,Labor Standards Act Overtime LimitThe implementation of this policy has become an irreversible trend. Employers should regard "legality, openness and transparency" as basic management indicators, and workers should also have the courage to exercise their rights to know and protect themselves. If you encounter actual legal issues or unclear points, you should consult the Labor Bureau or professional lawyers for assistance to reduce the risk of violations. Only by making good use of technological tools and proactively communicating can we create a win-win workplace with a balanced labor-management relationship.