Will Military, Civil Servants, and Educators Receive Full Overtime Pay After Salary Adjustments? Civil Groups Expose 'Discounted Nominal Salary' Practices – What Does the Directorate-General of Budget, Accounting and Statistics Say?

On early July, the Executive Yuan approved the '2024 Compensation Enhancement Plan for Military, Civil Servants, and Educators.' The plan includes a 4% across-the-board salary increase, with professional and managerial allowances each raised by NT$2,000, retroactively effective from July 1 of the current year. This decision has drawn public attention to the current working conditions and benefits of civil servants.

In response to concerns raised by public service groups about civil servants 'not receiving overtime pay,' the Directorate-General of Budget, Accounting and Statistics (DGBAS) issued an explanation. However, Taiwan Public Service Reform Force (GongGeli), a group long advocating for civil servant rights, pointed out on Facebook on the 8th that while DGBAS stated agencies 'can apply to the Executive Yuan through budget procedures if additional overtime pay is needed,' the problem goes much deeper. 'Compensatory leave is not a substitute for overtime pay, and budget shortages should not justify exploiting frontline workers.'

Can Budget Shortages Justify Non-Payment of Overtime? What Is DGBAS’s Position?

The 'National Civil Servants Association' formally sent a letter in April this year, urging all agencies to allocate sufficient overtime budgets based on actual operational needs, replacing the long-standing practice of substituting compensatory leave for overtime pay, which has led to inconsistent implementation.

According to the official reply from DGBAS, published by the association on Facebook last month, the key points are as follows:

- If an agency’s originally allocated overtime budget is insufficient, it may internally reallocate funds within the personnel expense categories of its annual budget. - DGBAS has not established any regulations restricting agencies from allocating or executing overtime budgets. - If there is a genuine need to increase overtime payments, agencies may apply through budget procedures for assistance from the Executive Yuan.

Is Overtime Pay Calculation 'Heavily Discounted'? What Solutions Do Civil Servant Groups Propose?

In response, GongGeli emphasized that while DGBAS allows applications to the Executive Yuan, the core issue remains: even when overtime pay is granted, its calculation method has long underestimated the actual value of labor.

GongGeli stressed that overtime pay or compensatory leave is a legally mandated compensation, not a privilege. When staff shortages and workload pressure make it impossible to take compensatory leave, it effectively shifts the state’s labor costs onto frontline workers—an irresponsible practice. Therefore, they argue that civil servant overtime pay should not be calculated based on 'depressed nominal salaries' but on the 'full actual salary received,' establishing a clear multiplier system for extended work hours on regular days, rest days, statutory holidays, and national holidays, ensuring fair and reasonable compensation.

Additionally, they advocate for increasing staffing levels when workloads are chronically excessive. GongGeli emphasized, 'We cannot demand dedication while simultaneously using budget constraints, ineffective compensatory leave, and undervalued salary bases to erode civil servants’ time and labor.'

What Are Taiwan’s Civil Servant Overtime Rules? Monthly Cap at 60 Hours

Starting January 1, 2023, the Executive Yuan implemented a new civil servant duty system, stipulating an 8-hour regular workday. The combined total of regular and overtime hours should not exceed 12 hours per day, with a monthly overtime cap of 60 hours.

However, in exceptional cases—such as responding to major disasters, handling emergencies, executing major projects, or seasonal or cyclical work—the monthly cap can be raised to 80 hours upon approval through proper procedures, balancing public service demands with civil servants’ right to health.

Regarding overtime compensation, the current 'Civil Servants Protection Act' states that when civil servants are assigned by their agencies to work outside statutory office hours, the agency must provide either overtime pay or compensatory leave. However, if budget constraints or operational needs prevent the provision of either, the agency should grant rewards through regular performance evaluations.

Is Overtime Compensation Always Paid in Cash? Maximum 20 Hours for Regular Overtime Pay

In other words, the law does not guarantee that civil servants will always receive cash for overtime. As a result, in practice, agencies often determine compensation methods based on annual budget allocations and staffing needs.

According to the 'Regulations on Overtime Payment for Various Agencies,' under normal circumstances, the principle is that each individual may receive up to 4 hours of overtime pay on regular workdays, 8 hours on holidays and rest days, and a monthly maximum of 20 hours. For special needs such as major projects, unique operations, or disaster response, agencies may apply for special project overtime pay with approval from the competent authority.

In summary, the '60-hour monthly limit' refers to total overtime hours, while the '20-hour monthly limit' refers to the maximum eligible for standard overtime pay—two distinct concepts. Beyond the standard payment hours, whether special project overtime pay is granted or compensatory leave is used depends heavily on each agency’s budget and approval status. This is precisely why civil servant groups have recently criticized the practice of being 'forced into compensatory leave.'