Avoid Labor Standards Law Wage Mistakes: 5 Common Mistakes Workers Must Know in 2025

As the wage-related regulations of the Labor Standards Act in 2025 are increasingly valued, correctly understanding wage calculation, vacation regulations and overtime pay has become a compulsory course for modern workers and corporate human resources management. However, in practice, both employers and employees often fall into misunderstandings about salary settlement due to information gaps, incorrect concepts and legal updates, which in turn leads to complaints, labor disputes and even fines. To this end, we have invited experts to analyze the five most common payroll errors and provide the latest examples and practical countermeasures to help you avoid labor standards law wage traps and protect your own rights and interests.

New trends in labor standards law wages in 2025

Salary rules for national holidays, rest days and official holidays

The most common misunderstanding in the calculation of wages under the Labor Standards Act occurs when settling overtime pay on statutory holidays such as national holidays, rest days and statutory holidays. The situation is even more complicated when it comes to making up for work, adjusting holidays and shift scheduling. According to the latest Labor Standards Act of 2025, employees who work on national holidays (such as the 228 Peace Memorial Day) should be paid double wages within 8 hours of working, and overtime pay will be calculated for any hours exceeding that. For work on rest days, overtime pay is paid in two stages according to the law. For statutory holidays, work cannot be required except in special circumstances.

New Regulations on Flexible Working Hours and Compensatory Leave

In 2025, the regulations on eight-week flexible working hours and compensatory leave will be clearer. If an enterprise wants to implement flexible working hours, it must complete the procedures, announce it in advance and obtain the consent of the trade union or labor-management meeting. If flexible leave is not legally applied for, compulsory attendance will be considered illegal and employees can claim overtime pay or appeal for compensation according to the law.

Five common salary mistakes workers will make in 2025

1. IgnoreOvertime Standards for National Holidays

Error phenomenon:Some companies or employees mistakenly treat the wages for attendance on national holidays as normal working days and only pay the original salary without paying double wages.

Correct regulations:

• You need to pay "the salary for that day" + "an additional day's salary", which is double the salary.
• If the work exceeds 8 hours, overtime pay will be calculated based on the overtime hours.

Useful table: National holiday overtime pay calculation at a glance

Expert reminder:Special attention should be paid to make-up work during some holidays in 2025, and the salary algorithm shall not be adjusted arbitrarily without changing the working hours through procedures.

2. Mistakenly believing that overtime and flexible working hours are exempt from overtime pay

Error phenomenon:The company failed to complete the eight-week flexible working hours program in accordance with the law, and directly designated make-up work, mistakenly believing that overtime pay could be omitted, resulting in damage to employees' rights and interests.

Correct approach:

• Flexible working hours must be implemented through public announcement and with the consent of labor-management meetings/unions.
• If employees are forced to work overtime on flexible rest days, they should be paid 1.33 to 1.67 times the overtime pay as on rest days.

Common check list for making up for work/adjusting leave:

3. Confusion between overtime pay for rest days and holidays

Error phenomenon:Common examples include miscalculation of overtime on rest days and holidays, confusion between overtime and make-up work, failure to pay according to the Labor Standards Act, and incorrect overtime pay standards.

Correct standard:

• Overtime on a rest day (such as Saturday) within 2 hours: 1.33 times the hourly wage; more than 2 hours: 1.67 times the hourly wage.
• In principle, employees are not required to work on statutory holidays (such as Sundays). They are required to work only in case of force majeure, and they must receive double salary + compensatory leave.

Common overtime pay calculation table

remind:Rest days/holidays are often underpaid due to misunderstandings in shift arrangements, so the shift arrangements should be carefully examined.

4. Ignoring evidence preservation makes appeal difficult

Error phenomenon:When employees are short-changed in wages or overtime pay, it is difficult to establish a complaint due to incomplete evidence (such as missing working time records, shift schedules, clock-in cards, etc.).

Correct way to protect yourself:

• Keep working time logs, salary slips, overtime application forms, and shift schedules.
• When a dispute arises, collect all work proofs including LINE messages, announcements, etc. as soon as possible.

Comparison of common evidence items in labor-capital disputes

5. IgnoreThe Latest Penalties and Relief Channels of Labor Standards Law

Error phenomenon:Some companies only operate according to common practices rather than the latest regulations. Once an employee complains, they find that the new law has increased penalties, up to 1 million yuan, and the employees don't know how to protect themselves.

Correct response:

• Clearly understand the content of the wage penalty provisions of the Labor Standards Act of 2025. Depending on the severity of the violation, fines, orders to back pay and disclosure may be used at the same time.
• When encountering similar disputes, you should actively provide evidence and make good use of the complaint and arbitration system:

Comparison table of illegal acts and remedies

Correct example of wage calculation under the Labor Standards Act (2025 reference case)

Taking a monthly salary of NT$36,000 as an example, if there is a 228 national holiday and overtime work is required:

Workplace advice: How to protect yourself and how to comply with regulations?

• Workers: Actively confirm shift schedules, record working hours, and request full salary records before leaving
• HR: Regular education and training, upgrading the salary management system to avoid human errors
• Both parties: Sign a written agreement and resolve disputes in accordance with the current Labor Standards Act

Starting from 2025, the Labor Standards Act's wage regulations will be more rigorous, and the complexity of calculating overtime and various types of working hours will increase. Whether practitioners or HR managers, they need to continue to pay attention to legal developments, proactively verify the latest standards, and have the courage to use legal remedies to protect their own rights and interests. Only when workers and employers work together to create an open and transparent salary environment can the workplace be more stable and harmonious.