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

Common Administrative Challenges with Timesheets and How to Solve Them

There aren’t many people who enjoy sifting through a mountain of paperwork. If you haven’t yet found a reliable time tracking software solution, dealing with the hassle and headache of…Read More

How a Shared Common Data Platform for Project Management Can Create Harmony Across Business Teams

Today, professional services firms use some combination of ERP, CRM, HRIS, PPM, or other software along with their PSA solution. These systems serve different purposes, host different and overlapping data,…Read More

6 Ways to Simplify Remote Resource Allocation and Why It Matters

When you’re an enterprise operating at a global scale with a team of employees working from home, one of your major concerns is proper resource allocation. When it goes wrong,…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

Seven critical ways to achieve global project success

There was once a time when managing a project at work was fairly straightforward. Everyone was in the same location, or at most a mere phone call away. You’d set…Read More

Time and Attendance Orientation Guide

In a growing business, the day will eventually come when managing time and attendance on paper becomes both inefficient and risky, especially when trying to balance things like overtime, paid…Read More
  • Polaris
  • Time & Project Insights
  • Time & Projects Solutions
  • Replicon Products
  • Replicon Users
  • Cloud
  • Corporate
  • Professional Services Management
  • Shared Services Management
  • Time and Attendance Management
  • Customer Feature
  • Time Intelligence
  • Industry News
  • Global Compliance Updates