Saturday, January 13, 2018

爭議性勞基法三讀通過



Amendment to Labor Standards Act passed after an overnight session
通宵開會後,勞基法修訂案通過

After an 18-hour non-stop provisional session, an amendment to the Labor Standards Act passed the third reading at the Legislative Yuan on Wednesday morning, making it the second major revision to the country's labor policies under the administration of President Tsai Ing-wen (蔡英文).
18小時不間斷地臨時會之後,週三早上勞基法修訂案於立法院三讀通過,此為蔡政府第二次修改勞動政策

The amendment to the Labor Standards Act will allow possibilities to push back employees' mandatory day off every week, so that employees could potentially work 12 days in a row with two days off over two weeks, increase overtime hours of a worker from 46 to 54 per month, delay employees' annual paid holidays by one year, and reduce shift workers' break hours from 11 to 8 hours between shifts through negotiations between workers or labor unions and employers.
此勞基法修訂案允許每週法定休假日往後延的可能性,雇員可於兩週內連續上班12天且休息兩天,每月加班工時上限從46小時增至54小時,特休給薪假延後至一年休完,輪班制員工間隔時數可勞資協商工會與資方協商,從11小時降至八小時

Furthermore, companies with over 30 employees must go through a vetting process by governmental agencies if they want to apply the aforementioned possibilities except for delaying workers' annual paid holidays.
再者,除了遞延勞工每年的特休給薪假以外,員工30人以上的公司如果想申請上述提及的彈性,必須經過政府的審查程序

Additionally, employees will no longer be paid more for overtime work now that the revisions have been passed. The current labor law states that employees who work for 1-4 hours overtime will be paid for four hours of work and those who work for 5-8 hours overtime will be paid for eight hours of work.
此外,修訂通過後,加班費不再像現行一樣多,現行勞動法規定若加班1~4小時,皆可領四小時加班費,而加班5~8小時皆可領八小時加班費

On the other hand, the amendment includes an unprecedented article regarding compensatory time. Workers may opt for time off in lieu of payment for overtime work. If a worker’s compensatory time is not used up within a certain period or before they leave the company, employers must offer them pay instead. 
另一方面,修訂案包含前所未有關於補休時間的條文。勞工可選擇補休替代加班費,如果離職以前其補休在一定時間內沒用完,雇主必須發給薪資。

According to the Ministry of Labor, the amendment to the labor law serves to provide flexibility beneficial to both employers and employees. The ministry had also reiterated several times before the amendment was passed that the government would only allow a handful of industries to make use of the flexibility provided by the amendment and that companies would be closely monitored for violating the law.
根據勞動部,此修訂案可提供彈性,對勞資雙方皆有益修訂案通過以前,勞動部也多次重申政府只允許少部份產業運用彈性,公司也會受到密切監督以防違法

Shortly after the third reading, the labor unions that had camped outside of the Legislative Yuan held a press conference, condemning the amendment and vowing to continue the protest.
就在三讀通過後,立法院外的勞團舉行了記者會譴責修訂案並誓言持續抗爭

The amendment will come into effect on March 1.
修訂案三月一日起生效

The revisions to the labor law, drafted by the Executive Yuan shortly after Premier William Lai (賴清德) took power in November, have received resistance from labor unions, NGOs, and lawmakers of both the ruling and opposition parties.
此勞基法修訂案由行政院於賴清德院長掌權草擬,受到一些勞團、非營利團體、及立委的反抗

Opponents of the revisions said the legislation would undermine labor rights and worsen the working conditions in Taiwan, which were characterized as overwork and low pay.
反對者說此立法將損害勞權,惡化過勞與低薪的勞動狀況

In the lengthy session lasting from Tuesday evening until Wednesday morning, lawmakers from each party still had not reached an agreement over controversial articles. However, the amendment was passed as the ruling Democratic Progressive Party had the majority of seats in the Legislative Yuan.
從週二晚直到週三早上的長時會議,各政黨立委對爭議條款無共識,不過因民進黨有多數席次優勢而通過了法案

The second reading of the amendment was passed around 02:30 a.m. Wednesday, followed by the third reading at 08:44 a.m.
二讀是在週三凌晨2:30通過,緊接著三讀在早上8:44通過

According to the legislation, laws passed after the second reading cannot be modified drastically except for wording, unless they are found to contradict other laws or the Constitution.
根據法規,除了措辭以外,二讀通過後不得大幅修改,除非與其他法規或憲法有衝突

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