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Workers to get compensatory holiday for Labor Day

Workers to get compensatory holiday for Labor Day

Workers get a compensatory holiday for May 1

Ministry of Labor (MOL) on Monday said that employers must give a compensatory holiday to workers for Labor Day (May 1) falling on a day off, such as Sunday this year, pay for the extra work if workers work, or face a fine of NT$20,000 to NT$300,000 for violating the Labor Standards Act.

According to the Labor Standards Act, a national holiday falling on a weekday is a day off, said Huang Wei-chen, deputy director of MOL’s Department of Labor Standards and Equal Employment. By the same token, if a national holiday falls on a day off, such as Saturday or Sunday, then workers should be given a compensatory holiday.

For workers who work shifts, if a national holiday falls on a day of shift duty and therefore they cannot take the day off, employers will have to reach an agreement with them on whether they get paid for the extra work or get a compensatory holiday. As for when to take the compensatory holiday, it is to be decided between employers and workers.

For example, as this year’s Labor Day falls on Sunday, if workers take the day off, they can still ask their employers to give them a compensatory holiday, Huang said. In the same situation, shift duty workers can ask to take the day off, or work and then choose to be paid for extra work or to take a compensatory holiday, he added.

The regulations apply to any workers eligible for the protection of the Labor Standards Act, Huang said, adding workers can file a complaint with the MOL if employers refuse to give them a compensatory holiday or pay them for the extra work.