英文摘要 |
Overtime pay is an important issue of labor disputes in recent years. In this regard, Article 30, Paragraph 5 of the Labor Standards Act stipulates that ''employers shall prepare and keep worker attendance records for five years.'' However, in the case of the overtime pay litigation when labors demand their employers for the overtime pay when disputes occur, it appears that the employers often fail to meet the burden of proof of providing actual workers attendance records regarding the overtime work by law. Thus, this article first explains employers' obligations and methods of preparing workers' attendance records as stipulated in the Labor Standards Law and then combine the provisions of the Civil Procedure Code on the burden of proof to clarify the burden of proof and mitigation of overtime work. Secondly, the article summarizes the legal effects when the employers fail to provide documents without justifiable reasons. Furthermore, this article combines the Article 345, Paragraph 1 of the Civil Procedure Code and Article 36 of the Labor Incident Act which was enacted in January 2020 to explain the legal effect of spoliation of evidence. Finally, the validity of workers' attendance records and overtime verification facts are comprehensively analyzed and interpreted in accordance with Article 38 of the Labor Incident Act. |