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NO.64

  • Last updated:2022-08-31

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Policies & Regulations

The Ministry of Labor Announces Amendments to the Scope of Application of the Proviso in Article 34, Paragraph 2 of the Labor Standards Act Concerning Rest Periods for Shift Workers Between Shifts

The Ministry of Labor Announces Amendments to the Scope of Application of the Proviso in Article 34, Paragraph 2 of the Labor Standards Act Concerning Rest Periods for Shift Workers Between Shifts

In accordance with Article 34, Paragraph 2 of the Labor Standards Act, shift workers must have at least 11 consecutive hours of rest time between shifts; however, the amount of rest time may be reduced to no less than 8 consecutive hours if required by the characteristics of the work or where there are special reasons, and only if the respective central authority in charge of the relevant industry consults with the competent authority to make an announcement to that effect.

Due to the continued effects of the COVID-19 pandemic, the manufacturing, wholesale, general retail, and warehousing industries have met with difficulties in scheduling labor. Measures such as quarantine and treatment, home isolation, work from home, readjusted working hours, and suspension of classes at or below the high school level, have contributed to these difficulties and resulted in supply shortages and the inability to operate for some businesses. The Ministry of Economic Affairs (MOEA), in consultation with the Ministry of Labor (MOL), announced on June 13, 2022, that shift workers in these four industries (manufacturing, wholesale, general retail, and warehousing) will be subject to the proviso of Article 34, Paragraph 2 of the Labor Standards Act from June 13, 2022 to September 30, 2022 with reference to the measures of nationwide epidemic alert level 3. In addition, the shift workers of six other steel companies including Chun Yu Co. Ltd. will be covered by the proviso in Article 34, Paragraph 2 of the Act when dealing with natural disasters, accidents, or emergencies, or during periods in which shifts are adjusted by mutual agreement between employers and employees.

Following the announcement, if the above-mentioned industries or companies therein wish to implement a shift interval program exception to the standard, they must still be approved by labor unions in accordance with regulations. If there is no respective labor union, changes to the duration of work shifts must be approved by a labor-management meeting which must be held within the time period specified in the announcement. In addition, employers employing more than 30 workers should report any such adjustments to the local competent authority for record.

Keywords: Shift Workers, Shift Intervals, Rest Periods

Policies & Regulations

Freelancers Or Workers Employed By Natural Persons May Participate in the Labor Occupational Accident Insurance Through a Special Enrollment System

Freelancers Or Workers Employed By Natural Persons May Participate in the Labor Occupational Accident Insurance Through a Special Enrollment System

Changes in the forms of employment in society have led to an increase in the atypical workforce, or those working in the "gig-economy." To protect the work and life safety of these workers, a special enrollment system has been established under the Labor Occupational Accident Insurance and Protection Act (hereinafter referred to as the "Occupational Accident Insurance Act"). Workers who meet the criteria may also participate in Occupational Accident Insurance through a convenient enrollment channel.

The special enrollment system shall apply to three types of workers: I. For natural persons as employers and their employees (for example, manufacturing foremen and their employees), the employer may enroll himself/herself and the employees. II. For individuals who actually participate in the work (for example, delivery drivers and street artists), the worker may apply for himself/herself. III. For minors (for example, child stars in advertisements) who meet the requirements set forth in the Labor Standards Act, the application may be filed by the one who employs the minor.

Addressing the public's need for temporary insurance coverage, the Bureau of Labor Insurance (BLI) offers three easy ways to obtain insurance coverage. I. The ibon kiosk at any 7-11 President Chain Store, II. the official website of the BLI and III. occupational unions listed on the official BLI website. The public can choose one of these methods to apply for Occupational Accident Insurance. Please note that, for the applications filed through the special enrollment system, the insurance coverage shall commence on the actual date when the premium payment has been completed, or on a designated date after completing the premium payment. The BLI reminds the workers to complete the enrollment and premium payment before starting work, so as to enjoy the protection of the Occupational Accident Insurance.

The BLI encourages qualified persons to enroll in Occupational Accident Insurance through the abovementioned simple insurance measures, so as to obtain basic life protections in the event of occupational injury or sickness. For more information, visit the official website of the BLI/Online Application/Labor Occupational Accident Insurance and Protection Act Special Enrollment Area.

Keywords: Labor Occupational Accident Insurance, Special Enrollment, Atypical Workforce

News Outlook

Taiwan to Host WorldSkills Asia Competition 2025

Taiwan to Host WorldSkills Asia Competition 2025

With tremendous efforts made by the Ministry of Labor (MOL), WorldSkills Asia (WSA) officially announced on June 1, 2022 that Taiwan will be the host of the WorldSkills Asia Competition (WSAC) 2025. WSAC 2025 will be the second time an international skills competition has been hosted in Taiwan since 1993, nearly thirty years ago. This proves that Taiwan's success in long-term vocational training has once again been recognized by countries in Asia.

Minister of Labor Hsu Ming-Chun stated that Taiwan has placed great importance on international exchange and collaboration of skills. Also, Taiwan has set up the 2nd WorldSkills Capacity Building Center in the world with an aim to provide a global platform for skills exchange by, for example, holding skills workshops, and supporting training for experts and competitors worldwide. Taiwan would like to extend its sincere gratitude to all WSA member countries for the honor of hosting WSAC 2025. Moreover, the MOL is committed to bringing the government, corporations, and schools together and unifying their collective strength to make concrete contributions to regional skills development, and to further create co-prosperity and mutual benefits in skills development programs for Asian countries.

WSA, founded by the United Arab Emirates in 2018, is a regional organization under WorldSkills International. WSA currently has 25 members, with Taiwan being one of its founding members. At the WSAC 2018, held in Abu Dhabi, Taiwan won five gold, five silver, and three bronze medals in Youth and Junior Skills, an impressive performance with 81% of all its competitors winning a medal. The next WSAC has been postponed to 2023 due to the COVID-19 pandemic. The MOL will have a selection process to decide national competitors to represent Taiwan at the WSAC 2023.

The MOL holds the National Skills Competition annually to select outstanding young talents who then undergo intensive training to hone their skills and participate in international skills competitions. Furthermore, to encourage more young people to engage in learning skills, the MOL has not only continually arranged national competitors to promote intensive skills development programs in schools, but also organized domestic youth skills competitions. This emphasizes the importance of skills development for the citizens of Taiwan and helps cultivate more talented professionals for the country.

Keywords: Ministry of Labor, WorldSkills Asia Competition, Capacity Building Center

News Outlook

Ministry of Labor and U.S. Federal Mediation and Conciliation Service Cooperate in Organizing Taiwan-U.S. Collective Bargaining Talent Training Seminar, and Strengthening Friendly and Cooperative Relations While Enhancing Participants' Ability to Resolve Impasses and Negotiate

Ministry of Labor and U.S. Federal Mediation and Conciliation Service Cooperate in Organizing Taiwan-U.S. Collective Bargaining Talent Training Seminar, and Strengthening Friendly and Cooperative Relations While Enhancing Participants' Ability to Resolve Impasses and Negotiate

The Ministry of Labor (MOL) and the U.S. Federal Mediation and Conciliation Service (FMCS) jointly organized the Taiwan-U.S. Collective Bargaining Talent Training Seminar, in which senior mediators from the FMCS presented a seminar on "Skills and Methods in Collective Bargaining and Dispute Resolution." In addition to sharing the FMCS's experience in dealing with challenges within the context of the COVID-19 pandemic, the seminar also provided instruction in mediation skills and experience to assist employers and employees in collective bargaining, thus helping unions improve their ability to resolve impasses and improve negotiating skills.

The main participants of the meeting from Taiwan and the United States included Mr. Javier Ramirez, nominee for FMCS Director; Mr. Jeffrey D. Horwitz, Director for Trade, Economic, and Commercial Relations at AIT Washington Headquarters, and a team of FMCS Commissioners. On the Taiwan side, MOL Deputy Minister Chen Ming-Jen led the executives and staff members at the Department of Labor Relations to take part in the meeting. This training seminar invited 40 on-site and 100 on-line participants to attend, who were mostly union directors and officers. Prof. Fu Bo-Shone, who is an expert on U.S. collective bargaining laws, also participated in the event.

In 2010, Taiwan and the U.S. signed the "Agreement for a Cooperative Program in Labor Mediation and Alternative Dispute Resolution" and have been holding visits for exchange for several years. In 2022, the parties agreed to hold a series of three Taiwan-U.S. Collective Bargaining Talent Training Seminars. We express our special thanks to the U.S. for its long-term support and assistance. It is hoped that both parties can continue to cooperate in the field of labor relations, so that Taiwan can continue forward in its development of fair collective labor relations.

In the seminar, three experienced FMCS Commissioners first gave a presentation on the role, function, and services of the FMCS. They also shared recent trends in labor issues in the U.S. The FMCS also discussed its attempts and the advantages of switching to online mediation meetings when physical meetings were not possible during the pandemic. The FMCS emphasized that the key to successful mediation lies in the importance of mutual trust between labor and management. Attendees were able to share their valuable experience with the U.S. delegation, making the conference a great success.

In the future, the MOL will continue to maintain a friendly and cooperative relationship with the U.S., and jointly plan more activities for training and exchange of professional knowledge in collective bargaining, so that Taiwanese personnel dealing with labor-management negotiations have the opportunity to participate, and thus enhance their ability to communicate and negotiate within enterprises to promote the stability of labor relations.

Keywords: Collective Bargaining Training, Agreement for a Cooperative Program, Labor Relations

News Outlook

The Ministry of Labor and Ministry of the Interior Signed a Memorandum of Cooperation to Strengthen Occupational Safety and Health Management Mechanisms for Firefighting Agencies

The Ministry of Labor and Ministry of the Interior Signed a Memorandum of Cooperation to Strengthen Occupational Safety and Health Management Mechanisms for Firefighting Agencies

In order to strengthen the occupational safety and health management mechanisms of firefighting agencies and enhance the occupational safety of firefighting personnel, Deputy Minister Wang Shang-Chih of the Ministry of Labor (MOL) and Deputy Minister Chen Tsung-Yen of the Ministry of the Interior (MOI) signed the Memorandum of Cooperation for the Occupational Safety and Health of Firefighters on May 24, 2022. It was signed at the Central Emergency Operations Center with the three parties to the MOU present, namely the Occupational Safety and Health Administration of the MOL, the Institute of Labor, Occupation Safety and Health of the MOL, and the National Fire Agency under the MOI. The MOU establishes a cooperative partnership, allows for sharing of resources among the three parties, and provides for joint assistance with domestic fire authorities in establishing occupational safety and health management standards for firefighting.

The MOL asserts that firefighting is closely connected to people's lives and safety, and that firefighting as a profession is not only complex and professional, but firefighters themselves are often caught in life-threatening situations as they work to protect people's lives and property. Although firefighters are not recognized as subjects of the Occupational Safety and Health Act, their safety is a part of occupational safety, and the most important mission of the MOL is to protect the occupational safety as well as the physical and mental health of workers. Through the signing of the Memorandum of Cooperation for the Occupational Safety and Health of Firefighters with the National Fire Agency under the MOI, the MOL will work to enhance the safety and health of firefighters and their working conditions.

The memorandum of understanding includes cooperative projects such as the establishment of a firefighting occupational safety and health management mechanism by the three parties, assisting domestic fire authorities in establishing occupational safety and health management standards for firefighting, training seed teachers, and forming teams of experts to counsel firefighting agencies to improve their occupational safety and health mechanisms. It is hoped that the combined capabilities of different agencies and domains will allow for implementation of safety and health measures for firefighters in Taiwan.

In addition, the Institute of Labor, Occupation Safety and Health of the MOL, in order to actively assist the National Fire Agency in establishing a firefighting occupational safety and health management mechanism, cooperated with the National Fire Agency of the MOI this year to conduct a preliminary research project entitled "Study on Establishing an Occupational Safety and Health Management Program for Domestic Firefighting," to train seed teachers, and to organize teams of experts to provide demonstration and counseling. Its aim is to move closer to creating a safe workplace culture and safer and healthier workplace conditions for firefighters.

Keywords: Occupational Safety and Health Management, Fire Agency Safety and Health, Memorandum of Cooperation

News Outlook

Ministry of Labor Builds Professional Occupational Disease Prevention Service Network to Safeguard Health Rights of Labors Who Are Withdrawn from the Insurance Due to Resignation

Ministry of Labor Builds Professional Occupational Disease Prevention Service Network to Safeguard Health Rights of Labors Who Are Withdrawn from the Insurance Due to Resignation

In order to protect the health rights of labors who are withdrawn from the insurance due to resignation, the Ministry of Labor has combined the professional resources of the Bureau of Labor Insurance (BLI), the Occupational Safety and Health Administration (OSHA), and the Center for Occupational Accident Prevention and Rehabilitation to establish a professional service network for the prevention of occupational diseases. The network proactively notifies labors who have worked with carcinogenic materials or engaged in hazardous tasks can still apply for the follow-up health examinations to prevent occupation-related disease even after they are withdrawn from the insurance due to resignation. It also provides health management and other caring services based on the examination results to protect their rights and interests.

Since the course of occupational disease for labors engaged in hazardous tasks, they may be covered for potentional occupational disease for 10 to 30 years, and it may be necessary to track their health status and provide them with certain health services. According to the Labor Occupational Accident Insurance and Protection Act, which has taken effect on May 1, 2022, the "Regulations of Labor insurance Health Examination and Follow-up Health Examination for Prevention of Occupational Disease" is stipulated. By using relevant databases, the network can proactively notifies retired or resigned labors who have engaged in 16 types of carcinogenic materials and hazardous tasks, such as those involving ionizing radiation, dust, asbestos, or benzene, have been identified. The initiative may be taken to notify respective labors who have retired or have resigned to apply to the BLI for follow-up health examinations for the prevention of occupational diseases. If there some abnormal values on the examination report, health consultation and management services will be provided by the Center for Occupational Accident Prevention and Rehabilitation, which is just established this year. If an abnormality is suspected to be occupation-related, medical institutions recognized for occupational injury and disease diagnosis and treatment will provide services such as evaluation, case management, and application for medical or other subsidies.

For more information about follow-up health examinations for prevention of occupational disease, read the brief introduction on the website of BLI or OSHA. If you still have any other questions, contact the Center for Occupational Accident Prevention and Rehabilitation (Tel No.: 02-8522-9366 Department of Occupational Injury and Disease) for consultation.

Keywords: Occupational Disease Prevention, Labors Who Are Withdrawn from the Insurance Due to Resignation, Follow-up Health Examination

  • Source:Department of General Planning
  • Publication Date:2022-08-31
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