• Last updated:2021-10-18

    According to Article 37 of the Labor Standards Act and Article 23 of the Enforcement Rules of the Labor Standards Act, employers are required to allow their employees to take paid time off on annual commemorative holidays, the Labor Day, and other holidays prescribed by the central competent authority (national holidays, such as the Chinese New Year (the 1st, 2nd and 3rd of the first month of the lunar calendar), the Peace Memorial Day, the Tomb Sweeping Day, and so forth). Employers who acquire the consent of workers to work on any of such holidays are required to pay double wages. If workers who have worked on any of such holidays choose to take the equivalent amount of time off instead of getting pay working on holidays, the request must be granted and the workers and the management are to negotiate to determine the criteria for the amount of time given as the make-up for working on holidays. The abovementioned regulations on holiday leave also applies to workers who are paid by the day or by the hour in spite of their different work terms.

    Once the labor-management negotiation in a business entity is completed and the time off on certain national holidays is “moved” to some regular workdays, such national holidays become regular workdays and employers are not required to pay extra wages for work done on such days.

    Whether employees work on national holidays and how the pay is to be calculated, it is to be determined according to the provisions set forth in the employment contract. If any worker or employer should have any doubt or any employer is regarded having violated related regulations, the matter can be filed with the local labor authority (bureau/department of labor or social affairs of the county/city government).

• Source:Department of General Planning
• Publication Date:2013-03-22
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