Wages, benefits, leave policies, and overtime pay have always been major concerns for workers. In fact, compared to other developed countries, Taiwan's statutory number of paid leave days (special leave) is relatively low—especially noticeable during the early stages of employment. This has led to frequent discussions on social media about topics such as "strategies for taking long vacations" and "how to maximize time off with minimal leave usage."
To help workers quickly understand their rights regarding leave and overtime pay, the Ministry of Labor has established an "Overtime Pay Calculator" and a "Paid Leave Entitlement Calculator," along with a step-by-step guide.
Under Taiwan's current Labor Standards Act (LSA), normal working hours are defined as 8 hours per day and 40 hours per week. If employers require workers to extend their working hours, overtime pay on regular weekdays must be increased by at least one-third (approximately 1.34 times) for the first two hours and at least two-thirds (approximately 1.67 times) for the third and fourth hours. Additionally, general workers cannot exceed 54 hours of overtime per month or 138 hours over any three-month period. For work performed on national holidays, employers must pay double the regular wage in addition to the original salary—commonly known as "double pay."
Regarding special leave, the LSA stipulates that workers generally have the right to choose their own leave dates. Employers cannot unilaterally restrict or mandate specific leave periods, except when urgent business needs require negotiation with employees. Furthermore, if workers have unused special leave at the end of the year, employers are legally required to compensate them in wages. Even if both parties agree to carry over unused leave to the following year, any remaining unused days must still be paid out as wages.
The number of special leave days for Taiwanese workers is as follows:
- Less than 1 year, but at least 6 months: 3 days - At least 1 year, but less than 2 years: 7 days - At least 2 years, but less than 3 years: 10 days - At least 3 years, but less than 5 years: 14 days - At least 5 years, but less than 10 years: 15 days - 10 years or more: 1 additional day per year, up to a maximum of 30 days
How is overtime pay calculated? Rates vary depending on circumstances.
The Ministry emphasizes that both full-time and part-time workers covered by the Labor Standards Act are entitled to special leave and overtime protections. Employers cannot reduce statutory rights based on employment type.
On the same day (6th), the Ministry released guidelines outlining different overtime pay calculation standards based on various scenarios. Through the "Overtime Pay Calculator," workers can select whether they worked on a weekday, rest day, or national holiday, input their wage and hours worked, and instantly see the total overtime compensation. The system also breaks down the payment amounts for each scenario in the results.
Will unused special leave go to waste? Use the Ministry's system to check quickly.
For the "Paid Leave Entitlement Calculator," the Ministry explains that the system supports multiple leave allocation methods, including anniversary-based, calendar-year, academic-year, and mutually agreed annual cycles. Users can switch between these with one click, helping them clearly understand how many days of leave they are entitled to and by when they must use them—ensuring their rights are protected.
To support both workers and employers, the Ministry has also released two one-minute tutorial videos explaining how to use each system. These visual guides make it easy to learn the process quickly. The videos are available on the Ministry of Labor's official website under "Services / Labor Conditions and Employment Equality" → "Wages" and "Working Hours."
Overtime Pay Calculator Tutorial Video URL: https://www.mol.gov.tw/1607/28162/28166/28180/95702/96334
Paid Leave Calculator Tutorial Video URL: https://www.mol.gov.tw/1607/28162/28166/28218/95705/96330
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- Source: PR Times
- Category: News