Global Compliance Desk – Taiwan

Voluntary Overtime Work

The Supreme Administrative Court recently made several important judgments regarding whether employers are obligated to provide employees with overtime pay for employees’ “voluntary overtime work”; this issue was also discussed at the 2018 Law Conference of the High Administrative Court, although their opinion was different from that of the Supreme Administrative Court.

Hence, judgments made by the Supreme Administrative Court have a binding effect on lower courts, it will be advisable to follow them and any other judgment or view by court or law conference shall be for reference only.

“Voluntary overtime work” and “Overtime pay” summary as per the latest judgment of the Supreme Administrative Court:

  • Employees’ attendance records are the basis for employers to verify whether employees have been working at the workplace designated by employers during normal working hours or for any overtime hours.
  • If an employee’s attendance records show that he remained in the office after normal working hours, and the employer did not make any objections or prevent him from staying in the office, the employee could be presumed as having worked overtime and the employer will be obligated to provide the employee with overtime pay in accordance with the Labor Standards Act.
  • If an employee’s attendance records show that he remained in the office after normal working hours, but the employer could prove that the employee did not perform services for the employer after the normal working hours, the employer will not be obligated to provide the employee with overtime pay in accordance with the Labor Standards Act.
  • If the employers prove that the employee didn’t perform any services required by the employer beyond normal working hours, instead, an employee was carrying out some personal work, such statement issued by the employee would suffice not to pay him overtime pay (see Supreme Administrative Court Judgment 106-Pan-715 (2017). However, if such statement was made in a standard format prepared by the employer and statements issued by different employees have the same wording and content, then even if such statements have been submitted by the employees, the Supreme Administrative Court opined that further investigations would need to be conducted to verify whether the employees did perform services for the employer after the normal working hours (e.g. checking the employee’s email correspondences) before the employer may be relieved from its obligation of providing overtime pay (see Supreme Administrative Court Judgment 107-Pan-508).

 

 

 

 

Edited by: Shreya Bhattacharya

Sajid Mir
ABOUT THE AUTHOR
Sajid Mir
A labor and employment lawyer at Replicon who specializes in global compliance. Replicon provides award-winning products that make it easy to manage your workforce. Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.
Get started today.
Set up a free trial based on your business needs. Start Free Trial

How Will Brexit Impact the Working Time Directive?

TLNT | DECEMBER 27, 2019 By Lakshmi Raj, Co-founder and co-CEO at Replicon Now that the UK’s exit from the European Union is almost a certainty, the impact of Brexit…Read More

Global Compliance Desk – Russia

New Law on Electronic Work Books - Russia Law designed to adopt electronic employment record books has been proposed by the Russian Ministry of labor. The bill No. 748684-7, introduced…Read More

Global Compliance Desk – Westchester County, N.Y.

Safe Time Leave for Victim of Domestic Violence and Human Trafficking Westchester County’s Safe Time Leave Law, has been passed to provide employees the right to use paid leave to…Read More

Exempt vs non-exempt workers: simplify employee classification

In the United States, most jobs are governed by the Fair Labor Standards Act (FLSA), which classifies workers into two broad categories: exempt and non-exempt. Under the FLSA, non-exempt employees are…Read More

The five reasons employees work overtime

Very few people enjoy working overtime, and even fewer companies want their employees stretching their hours. Besides the costs of paying overtime (and a few extra costs), research has shown…Read More

The 7 must-haves for choosing the right professional services management solution

Not too long ago, if you asked any professional services organization to tell you how they managed client projects, resources and utilization rates, the answer was always the same: spreadsheets.…Read More
  • Cloud
  • In The News
  • Corporate
  • Professional Services Management
  • Project and Program Management
  • Shared Services Management
  • Time and Attendance Management
  • Workforce Management
  • Customer Feature
  • Feature Update
  • Time Intelligence
  • Industry News
  • Webinar Recap
  • Global Compliance Updates
  • 
    Chat with us
    How can we help you?