The Directorate General of Personnel Administration issued the Zhong-Chu-Zhu-10500522502 Circular of August 31, 2016 (hereinafter, the “Circular”) to communicate that the statute of limitation for claiming overtime pay for unutilized leave by janitors (including technicians and drivers) of administrative agencies and public schools is five years.
According to the Circular, the legal relationship between administrative agencies and janitors is private law employment relationship and is governed by the Labor Standards Law. In addition, since a janitor’s overtime pay for unutilized leave is settled by year, the statute of limitation for claiming such overtime pay should be governed by Article 126 of the Civil Code and will lapse if the overtime pay is not claimed in five years. In addition, Article 128 of the same law provides that the statute of limitation shall commence when a claim becomes exercisable.
This Circular also points out that the portions of the 89-Ju-Qi-006132 Circular of March 27, 2000 from the previous Personnel Administration and the relevant circulars from the Personnel Administration and the Directorate General of Personnel Administration which are not consistent with the gist of the Circular shall no longer apply immediately.