How to accurately calculate overtime pay during typhoon days? 5 key steps you should know

In recent years, typhoons have frequently hit Taiwan. Every time a typhoon hits, it not only tests the crisis response capabilities of companies, but also makes many workers concerned about "Calculation of overtime pay during typhoon daysHow to execute it correctly. According to the latest Ministry of Labor regulations, overtime pay on typhoon days only applies to certain situations, and the wage calculation method is slightly different from usual times. From the perspective of news reporting, this article summarizes expert advice and official statements, and sorts out 5 important steps that you must know to help business owners and office workers protect their own rights and interests.

1. Understand the legal basis for typhoon leave and overtime pay

Before discussing the calculation steps, it is important to distinguish between the different laws applicable to "typhoon leave" and "overtime day" to avoid damage to your rights and interests.

1. What is a typhoon holiday?

Typhoon leave is not an official leave under the Labor Standards Act, but is based on the Central Weather Bureau and the Executive Yuan's Office of Personnel Administration announcing that all localities will "stop work and classes." According to the "Regulations on Suspension of Work and Classes Due to Natural Disasters", typhoon leave is in principle a suspension of work due to force majeure, and whether to pay wages and attendance is decided by the business unit itself.

2. Overtime definition and laws

If a company arranges employees to work due to business needs on a typhoon holiday, it will be considered as overtime. Overtime pay must be paid in accordance with the relevant provisions of Articles 32 and 24 of the Labor Standards Act. Please pay special attention to "overtime days": overtime days are divided into "weekdays", "holidays" and "rest days", corresponding to different overtime pay rates and calculation methods.

2. Step 1: Clearly determine the nature of the typhoon on the day of the holiday

The first step is to accurately confirm whether the day is a "working day", "rest day" or "regular holiday", which will directly determine the calculation method of overtime pay.

Date type and key arrangement of overtime pay

For example: If a place announces a typhoon holiday as a working day, employees going to work is considered as normal attendance and cannot claim overtime pay. Overtime pay is only required in special circumstances if the working hours exceed the limit. If employees still work on rest days or holidays, they must be paid overtime allowances according to the overtime hours.

Step 2: Calculate hourly wages correctly

Correctly calculating the "hourly wage" is the basis for calculating overtime pay during typhoon days. Usually take monthly salaried employees as an example:

Simple formula for hourly wage

Hourly wage = monthly salary ÷ 30 days ÷ 8 hours

Reminder: Find out the hourly wage corresponding to your salary for subsequent overtime pay calculations.

4. Step 3: Apply different rates to different overtime days

1. Overtime on rest days (e.g. Saturday)

According to Article 24 of the Labor Standards Act: First 2 hours: hourly wage × 4/3, 3rd to 8th hours: hourly wage × 5/3.

2. Overtime on holidays (e.g. Sunday)

The full-day wage must be doubled and paid separately, with more favorable conditions.

Rest day overtime pay calculation table (taking monthly salary of NT$36,000 as an example)

That is, if overtime is worked for 8 hours on the same day, $1,900 overtime pay should be given.

5. Step 4: Confirm whether there are additional subsidies, bonuses or special agreements

Some companies have followed the Ministry of Labor's recommendations and will provide additional allowances, transportation subsidies or in-kind consolation payments to employees who work in inclement weather. These bonuses are determined independently by company policies and are not mandatory or legal, but workers are encouraged to discuss them and companies can use them to boost employee morale.

6. Step 5: Declare overtime pay and keep records

After completing the trial calculation, be sure to ask the company to provide written proof (such as attendance cards, electronic sign-in records) to facilitate future labor disputes. It is also recommended to save attendance records, pay slips, communication records and other information. In case of disputes, you can seek assistance from the Labour Bureau or call the 1955 Labour Advisory Hotline.

Frequently asked questions: Additional explanations for different situations

If I work from home and encounter a typhoon holiday, will I still get overtime pay?

If the worker works from home, in principle, as long as he does not go out and can work normally, it will not affect the attendance salary and he does not need to claim overtime pay. However, if communication or power outages prevent normal operation, it is recommended to proactively negotiate with the company.

Can companies temporarily adjust their attendance patterns?

Adjustments according to regulations require agreement between both parties and shall not be unilaterally enforced. When there is a typhoon holiday, it is imperative to reach a consensus in advance to avoid labor disputes.

Compilation of cases on overtime pay calculation during typhoon days

Calculation tips and advanced supplements

1. If workers are unable to attend work as normal due to work or school suspensions caused by a typhoon, employers may not deduct full attendance bonuses or record absences.
2. In temporary situations, personal safety should be given priority, and if necessary, the right to a reasonable "legitimate absence" can be asserted.
3. Each company's definition or reporting method of overtime should still be confirmed in the employee handbook or labor-management agreement.

In Taiwan, whenever a typhoon hits, the issue of calculating overtime pay on typhoon days becomes an unavoidable issue between companies and workers. This article summarizes 5 major steps and key tables. We hope that whether you are an employer or an employee, you can clearly understand your rights and interests and no longer have any doubts. We remind everyone that protecting your own welfare and implementing laws and regulations are the basis for building a safe and friendly workplace. If there are further disputes, please immediately consult the local labor bureau or professional legal advice to ensure that your legal rights and interests are not harmed.