Based on the Labor Standards Act (LSA), workers in Taiwan are entitled to leave days and holidays throughout the year. These include rest days or weekly days off, public holidays, annual leave, and so on.
When it comes to annual leave, the worker is the one who has the right to schedule his/her leave. But what if the employer decides to change the schedule? Is this allowed, and what can the worker do? These are the questions that we’ll be discussing in this article.
Can the Employer Change My Leave Day?
According to the Workforce Development Agency (WDA) of the Ministry of Labor (MOL), changing a worker’s leave day is allowed — provided that it involves the agreement of both the employer and the employee. This applies to weekly days off, public holidays, and annual leave.
Weekly Days Off
The Labor Standards Act (LSA) states that workers should have two days off per week: one fixed rest day, and one “flexible” rest day.
The employer may change the fixed rest day as long as they have the approval of a labor union and/or the local labor authority. Employers may also ask employees to work during the flexible rest day, provided that the workers have agreed, and that they would receive the “overtime” rate.
Public Holidays
Article 39 of the LSA states that during public holidays, employers may ask employees to work, as long as they have agreed to it, and they should be given “double pay” for that day. Another option is that the public holiday would be “swapped” with another work day as compensatory leave. In any case, both the employers and employees should agree on the changes in schedule.
Annual Leave
In Taiwan, workers are entitled to paid annual leave, with the number of days depending on the employee’s length of service. For example, a person with more than two (but less than three) years of service may take 10 days of paid leave. Meanwhile, a person with more than five (but less than 10) years of service may take 15 days of paid leave.
The worker has the right to schedule his/her annual leave. But what if the employer wants to change the schedule because of an urgent business concern? If this is the case, they need to discuss the matter and come to an agreement. The employer cannot make a “unilateral” change in schedule without the consent or agreement of the worker.
If the worker is not willing to change the date of his/her annual leave, the employer cannot cancel or reject the leave application, especially if the worker has met the eligibility requirements.
Whether the employer is suggesting a change in weekly day off or annual leave, or if they are asking employees to work on a public holiday — the important thing is there should be an agreement. Based on the LSA, any changes in work schedule should be agreed upon by the employer and the worker, and these matters should be stated clearly in the job contract.
In any case, if you think that your rights as a worker have been violated, with regard to working days, salary, or other things — you can report the matter to the 1955 Foreign Workers Hotline or to the local labor authorities.