| 英文摘要 |
The Labor Standards Act expanded its application scope in 1996 and added the Article 84-1 (the exclusion of application of working hour rule, also known as the exempt employee system), stipulating that workers with unique nature of work may be excluded from applying the relevant rules of working hours under certain criteria and employers and workers may alternatively reach separate agreements on working hours, official holidays, leaves, and female worker’s night shift. In May 2019, the Ministry of Labor published a notice that “exempt employee system should be applicable if a business entity employs a supervisory manager with a monthly salary higher than NTD. 150,000”. This article will analyze the problems resulting from using “salary conditions” to define “senior white-collar managers” and the way to meet the criteria of “not detrimental to the laborer’s health and welfare”. This article estimated that the number of such “highly-paid white-collar managers” would be far higher than the Ministry’s predicted 38,000. Also, the publishing process was unstructured and might be adjusted in the future due to external pressure, causing the increase of such managers’ number. The author suggests that the Ministry and local authority shall correctly promote the application of “exempt employee system” and reinforce the labor standard inspection to implement the requirement of “not detrimental to the laborer’s health and welfare” and avoid the chaos of different interpretation. In the long term, the central authority should review whether the current designated workers shall be excluded from application, and thus decreasing the number of laborers that suffer from the negative impact to mee the Act’s legislative purpose. |
