If the voting date of a recall is originally a work day, a holiday should be granted; and if an employer obtains a worker’s consent to work on that day, the wage for the work time should be additionally paid without affecting the voting by the worker (Taiwan)

2017.12.11
Sophia Tsai

The Ministry of Labor issued the Lao-Dong-Tiao-2-1060132365 Circular of December 11, 2017 (hereinafter, the “Circular”) to communicate that if the voting date of a recall is originally a work day, a holiday should be granted; and if an employer obtains a worker’s consent to work on that day, the wage for the work time should be additionally paid without affecting the voting by the worker.

According to the Circular, if voting on a recall is conducted on a day which is originally a work day, a holiday should be granted to workers who have a right to vote.  No holiday and wage are required to be provided to those who do not need to work originally.  The holiday refers to a continuous 24-hour period between 12:00 am to 12:00 pm.  If an employer obtains the consent of a worker to work on that day, the wage for the work time should be additionally paid without affecting the voting by the worker.  In addition, no holiday will be provided to workers who have the right to vote and can exercise their voting right without issue since the voting day coincides with a rest day or regular holiday under Article 36 of the Labor Standards Law.   If an employer obtains a worker’s consent to work on a rest day, the wage shall be paid in accordance with Article 24 of the Labor Standards Law and voting by the worker shall not be undermined.