To eliminate employment barriers of female labor and the actual needs, unnecessary elements and procedures for night shifts of female labor are eliminated. In the case that organizations and businesses would like to implement night shift system for female labor, labor union has to agree on the system. In the absence of labor union, labor-management conferences have to agree on the system before it can be implemented.
Article 49 of Labor Standards Act stipulates:
Employers should not ask female labor to work between 10:00 P.M. and 6:00 A.M. of the next day. However, in the case that agreement of labor union, or in the absence of labor union, agreement of labor-management conferences, is made and the following rules are met, then this limitation does not apply:
- Provide necessary measures of safety and health.
- In the case that there is no public transportation to be utilized, transportation and dormitory have to be provided to female labor.
The necessary measures of safety and health mentioned in Rule 1 should be defined by central competent authorities. However, in the case that the agreed measures of safety and health between employers and employees are better than the Act, then the agreed upon measures should be followed.
In the case that female workers cannot work between 10:00 P.M. and 6:00 A.M. of the next day because of health or other legitimate reasons, then the employers cannot force the workers to work during that time period.
The first rule does not apply to occasions of natural disasters, urgent incidents or accidents during which employers have to ask female worker to work between 10:00 P.M. and 6:00 A.M. of the next day.
The first proviso and the previous rule do not apply to female workers who are pregnant or breast feeding.
- News From：Department of Standards and Equal Employment
- Publish Date：2015-04-20
- Hit Rate：161933