Labor Standards Acts

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    Chapter General Provisions

    Article 1

    The Act is enacted to provide minimumstandards for working conditions, protectworkers' rights and interests, strengthenemploee!emploer relationships and promote

    social and economic development" #atters notprovided for herein shall $e governed $other applica$le statutes"The terms and conditions of an agreement$etween an emploer and a worker shall not $e$elow the minimum standards provided herein"

    Article %

    The terms used in the Act shall $e defined asfollows&1" orker means a person who is hired $ anemploer to work for wages"%" (mploer means a $usiness entit whichhires workers, the responsi$le person of

    $usiness operations, or the person whorepresents the $usiness owner in handlingla$or matters")" age means the remuneration which a workerreceives for his*her services rendered,including wages, salaries and $onuses,allowances and an other regular pamentsregardless of the name which ma $e computedon an hourl, dail, monthl and piecework$asis, whether paa$le in cash or in kind"+" Average wage means the figure reached $taking the total wages for the si months

    preceding the da on which an event re-uiringthat a computation $e made occurs, divided $the total num$er of das in that period" .nthe case of a period of service not eceedingsi months, the term /average wage/ means thefigure reached $ taking the total wages forthe service period divided $ the totalnum$er of das of that period" .n the case ofwages which are computed on a dail, hourl,or piecework $asis, if the /average wage/figure reached according to the precedingformula is less than sit percent of afigure determined $ dividing the total wagesfor the particular service period $ theactual num$er of work das, the /averagewage/ in this case shall $e the sit percentfigure"0" usiness entit means an entit engagedin an of the $usiness 2or industries3 thatare governed $ the Act, which emplosworkers to do work"4" 5a$or contract means an agreement thatesta$lishes an emploee!emploer

    relationship"Article )The Act shall $e applica$le to the following

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    $usiness 2or industries3&1" Agriculture, forestr, fisher and animalhus$andr,%" #ining and -uarring,)" #anufacturing,+" Construction,0" ater, electricit and gas suppl,4" Transportation, warehousing andtelecommunications,6" #ass communication, and7" 8ther $usiness 2or industries3 designated$ the Central Competent Authorit"hen making designation referred to in9u$paragraph 7 of the proceeding paragraph, aportion of the workplace or part of workersin the $usiness entit ma $e designated asapplica$le"

    The Act shall appl to all forms of emploee!emploer relationships" :owever, thisprinciple shall not appl, if the applicationof the Act would genuinel cause unduehardship to the $usiness entities involveddue to the factors relating to the tpes ofmanagement, the administration sstem and thecharacteristic of work involved and if it$elongs to the $usiness 2or industries3 orworker designated and pu$licl announced $the Central Competent Authorit"The total num$er of workers emploed in the

    $usiness entities which will encountergenuinel undue hardships and shall not $eapplica$le to the Act, shall not eceed one!fifth of the total num$er of workers emploedoutside of the $usiness 2or industries3 aslisted in 9u$paragraphs 1!6 of Paragraph 1 tothis article"

    Article +

    The term ;competent authorit< referred toin the Act shall $e the Council of 5a$orAffairs of the (ecutive =uan at the centrallevel, the municipal government at themunicipal level, and the count 2cit3

    government at the count 2cit3 level"

    Article 0>o emploer shall, $ force, coercion,detention, or other illegal means, compel aworker to perform work"

    Article 4>o person shall interfere in the la$orcontract of other persons and o$tain illegal$enefits therefrom"

    Article 6An emploer shall prepare and maintain aworker record card indicating the name, se,$irth date, place of ancestral origin,educational $ackground, address, national

    identification card num$er, emplomentstarting date, wage, la$or insurance starting

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    date, merits and demerits, in?ur and diseaseand other significant facts of each worker"The worker record card referred to in thepreceding paragraph shall $e kept on file $the emploer for at least five ears afterthe date a particular worker ceases to $eemploed"

    Article 7

    An emploer shall take precautions for thesafet and $enefit of his * her hired workersagainst occupational ha@ards, create a properworking conditions and provide welfarefacilities" All safet, sanitation andwelfare matters related thereto shall $egoverned $ the regulations of applica$lestatutes"

    Chapter 5a$or Contract

    Article B

    5a$or contracts ma $e divided into two

    categories& fied term contracts and non!fied term contracts" A contract in naturefor temporar, short!term, seasonal orspecific work ma $e made as a fied termcontract, $ut a contract for continuous work,should $e a non!fied term contract".n an one of the following situations, afied term contract shall $e deemed as to $ea non!fied term upon the epiration of thecontract&1" here an emploer raises no immediateo$?ection when a worker continues his*her

    work"%" here, despite the eecution of a newcontract, the prior contract and the new onetogether cover a period of more than ninetdas and the period of time $etweenepiration of the prior contract andeecution of the new one does not eceedthirt das"The preceding paragraph shall not appl inthe case of a fied term contract forspecific or seasonal work"

    Article1

    .f a new contract is eecuted, or an eistingcontract is renewed, within three monthsafter the epiration of a fied term contractor the termination of a non!fied termcontract for cause, the service periodaccrued $efore the eecution or renewal ofthe contract shall $e com$ined with theservice period of the new or renewed contractin an computation of service period"

    Article11

    >o emploer shall, even $ advance notice toa worker, terminate a la$or contract unlessone of the following situation arises&

    1" here the emploers' $usinesses aresuspended, or has $een transferred"

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    %" here the emploers' $usinesses suffers anoperating losses, or $usiness contractions")" here force ma?eure necessitates thesuspension of $usiness for more than onemonth"+" here the change of the nature of $usinessnecessitates the reduction of workforce andthe terminated emploees can not $ereassigned to other suita$le positions"0" A particular worker is clearl not a$le toperform satisfactoril the duties re-uired ofthe position held"

    Article1%

    .n an of the following situations, anemploer ma terminate a la$or contractwithout advance notice&1" here a worker misrepresents an fact atthe time of signing of a la$or contract in a

    manner which might mislead his* her emploerand thus caused him*her to sustain damagetherefrom"%" here a worker commits a violent actagainst or grossl insults the emploer,his *her famil mem$er or agent of theemploer, or a fellow worker")" here a worker has $een sentenced totemporar imprisonment in a final andconclusive ?udgment, and is not granted asuspended sentence or permitted to commutethe sentence to pament of a fine"

    +" here a worker is in serious $reach of thela$or contract or in serious violation ofwork rules"0" here a worker deli$eratel damages ora$uses an machiner, tool, raw materials,product or other propert of the emploer ordeli$eratel discloses an technical orconfidential information of the emploerthere$ causing damage to the emploer"4" here a worker is, without good cause,a$sent from work for three consecutive das,or for a total si das in an month"

    here an emploer desires to terminate ala$or contract pursuant to 9u$paragraphs 1and %, 9u$paragraphs + to 4 of the precedingparagraph, he*she shall do so within thirtdas from the date he*she $ecomes aware ofthe particular situation"

    Article1)

    An emploer shall not terminate a contractwith a worker who is on leave from workpursuant to Article 0 or, is receivingmedical treatment pursuant to Article 0B,unless the emploer cannot continue operatingthe $usiness due to an act of God,catastrophe or other force ma?eure and aprior approval has $een o$tained from the

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    competent authorities"

    Article1+

    A worker ma terminate a la$or contractwithout giving advance notice to the emploerin an of the following situations&1" here an emploer misrepresents an fact

    at the time of signing a la$or contract in amanner which might mislead his*her worker andthus caused him*her to sustain damagetherefrom"%" here an emploer, his*her famil mem$eror his* her agent commits violence or grosslinsults the worker")" here the work specified in a la$orcontract is likel to $e in?urious to theworker's health and the worker has re-uestedhis*her emploer to improve workingconditions $ut all in vain"

    +" here an emploer, an agent of theemploer or a fellow worker contracts aharmful, contagious disease and there is apossi$ilit that the worker ma contract thisdisease"0" here an emploer fails to pa for work inaccordance with the la$or contract or to givesufficient work to a worker who is paid on apiecework $asis"4" here an emploer $reaches a la$orcontract or violates an la$or statute oradministrative regulation in a manner likel

    to adversel affect the rights and interestsof the particular worker"here a worker intends to terminate a la$orcontract pursuant to 9u$paragraphs 1 or 4 ofthe preceding paragraph, he*she shall do sowithin thirt das from the date he*she$ecomes aware of the particular situation"here there eist an of the situations setforth in 9u$paragraph % or + of the Paragraph1 to this article, and the emploer hasalread discharged the agent concerned or hashospitali@ed or discharged the person

    suffering from such harmful, contagiousdisease, the worker ma not terminate thela$or contract"The provisions of Article 16 shall appl,mutatis mutandis, to the termination of la$orcontract pursuant to this article"

    Article10

    .n the case of a specific fied term contractfor a term of more than three ears, a workerma, upon completion of three ears' work,terminate the contract $ giving the emploeran advance notice thirt das $efore he*herseverance".n the case of a worker terminating a non!fied term contract, the provisions of

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    Paragraph 1 of Article 14 pertaining to theprescri$ed time limit for serving an advancenotice shall appl mutatis mutandis"

    Article

    14

    here an emploer terminates a la$or contractpursuant to Article 11 or the provisions of

    Article 1), the provisions set forth $elowshall govern the minimum period of advancenotice&1" here a worker has worked continuousl formore than three months $ut less than oneear, the notice shall $e given ten das inadvance"%" here a worker has worked continuousl formore than one ear $ut less than three ears,the notice shall $e given twent das inadvance")" here a worker has worked continuousl for

    more than three ears, the notice shall $egiven thirt das in advance"After receiving the advance notice referredto in the proceeding paragraph, a worker ma,during hours of work, ask for leave ofa$sence for the purpose of finding a new ?o$"9uch leave of a$sence ma not eceed two workdas per week" ages shall $e paid duringsuch leave of a$sence"here an emploer terminates the contractwithout serving an advance notice within thetime limit prescri$ed in the first paragraph

    of this article, he*she shall pa the workerwages for the advance notice period"

    Article16

    hen an emploer terminates a la$or contractpursuant to the preceding article, he*sheshall pa severance pa to the worker inaccordance with the terms set forth $elow&1" A worker who has continuousl worked for a$usiness entit owned $ the same emploershall $e entitled to severance pa e-ual toone month of average wage for each ear ofservice"%" 9everance pa shall $e paid in proportionto months of service not comprising a fullear where it is in the computation ofservice period under the preceding paragraphor where the period of service is less thanone ear" An fraction of one month shall $edeemed to $e one month"

    Article17

    .n an of the following situations, a workershall not claim from the emploer eitheradditional wages for the advance noticeperiod or severance pa&1" A la$or contract is terminated pursuant to

    Article 1% or 10"%" The worker leaves his*her service upon

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    epiration of a fied term contract"

    Article1B

    Dpon termination of a la$or contract, neitheran emploer nor the emploer's agent shallre?ect a re-uest from the worker for proof ofservice record"

    Article%

    hen a $usiness entit is restructured orchanges ownership, ecept for those workersto $e retained through negotiations $etweenthe old and the new emploers, the emploershall terminate la$or contracts with theremaining workers $ giving the minimumadvance notice prescri$ed $ Article 14 andshall pa severance pament in accordancewith Article 16" The new emploer shallrecogni@e the prior period of service ofthose workers to $e retained"

    Chapter E ages

    Article%1

    A worker shall $e paid such wages asdetermined through negotiations with theemploer, provided, however, that such wagesshall not fall $elow the $asic wage"The $asic wage referred to in the precedingparagraph shall $e prescri$ed $ the $asicwage deli$eration committee of the CentralCompetent Authorit and su$mitted it to the(ecutive =uan for approval"The matters regarding the organi@ation andprocedure of proceeding of the aforesaid$asic wage deli$eration committee shall $eregulated separatel $ the Central CompetentAuthorit"

    Article%%

    ages shall $e paid in the statutor,circulating currencF provided, however, thatpart of such wages ma, $ custom or $usinessnature, $e paid partl in kind in accordancewith the la$or contract" .f part of the wagesis paid in kind, the conversion price of suchwages in kind shall $e fair and reasona$le tomeet the needs of $oth the worker and his*herfamil mem$ers"

    ages shall $e paid in full directl to theworker, unless otherwise prescri$ed $applica$le statutes or administrativeregulations or agreed to $ $oth the emploerand the worker"

    Article%)

    (cept otherwise agreed $ the parties to ala$or contract, or where wages are paid inadvance on a monthl $asis, wages shall $epaid on a regular $asis at least twice amonth" This shall also appl to wagescomputed on a piecework $asis"An emploer shall keep a worker paroll

    roster in order to record entries such aswages paa$le, the items of wage computation

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    and the total sum of wage pament" Thisparoll roster shall $e kept on file for atleast five ears"

    Article%+

    An emploer shall pa a worker overtime wageson the following $asis&

    1" here the overtime work does not eceedtwo hours, the worker shall $e paid, inaddition to the regular hourl wage, at leastan additional one!third of the regular hourlrate"%" here the overtime work is further overtwo hours, $ut the total overtime work doesnot eceed four hours, the worker shall $epaid, in addition to the regular hourl wage,at least an additional two!thirds of theregular hourl rate")" here the overtime work is re-uested in

    accordance with Paragraph ) of Article )%,the worker shall $e paid two times theregular hourl rate"

    Article%0

    An emploer shall under no conditiondiscriminate $etween the sees in the pamentof wages" orker shall receive e-ual wagesfor e-ual work of e-ual efficienc"

    Article%4

    An emploer shall not make advance deductionof wages as penalt for $reach of contract oras indemnit

    Article%6

    .f wages are not paid on schedule, thecompetent authorit ma order the emploerconcerned to pa them within the prescri$edperiod"

    Article%7

    .n the case of an emploer winding up orli-uidating his* her $usiness or $eingad?udicated $ankrupt, the worker shall have atop!priorit right in receiving repament forwages which are paa$le under the la$orcontract and should $e paid up to si monthsarrear wage"An emploer shall make a monthl contri$utionat a prescri$ed fied rate to the total

    insured wages of workers to /arrear wagepament fund< for paing the arrear wagesreferred to in the preceding paragraph" henthe said fund has accumulated to a re-uiredcertain sum, either the rate shall $e reducedor the collection of such contri$ution shall$e suspended"The rate referred to in the precedingparagraph shall $e determined $ the CentralCompetent Authorit at less than one!thousandth of the insurance!wage of allworkers and shall $e reported to the

    (ecutive =uan for approval"here a worker is not paid arrear wages after

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    having re-uested pament form the emploer,the arrear wages shall $e dis$ursed from thesaid arrear wage pament fund, whereupon theemploer shall reim$urse the said fund withinthe prescri$ed time limit"The arrear wage pament fund shall $e managed$ a commission esta$lished $ the CentralCompetent Authorit" #atters concerning thecollection of contri$utions to the fund ma$e handled $ the 5a$or .nsurance Agenc atthe re-uest of the Central CompetentAuthorit" The amount stipulated in Paragraph%, the pament procedures, collection andmanagement rules, and organi@ationalregulations of the said commission shall $edetermined $ the Central CompetentAuthorit"

    Article%B

    After the closing of $ooks of account at theend of the $usiness ear, a $usiness entitshall, after paing taes, covering lossesfor the previous ear and setting aside stockdividends and legal reserves, pa allowancesor $onus out of the $alance of net profits,if an, to workers who have worked the entirepreceding ear without committing fault andmisconduct"

    Chapter orking :ours, Hecess and :olidasArticle)

    A worker shall not have regular working timein ecess of eight hours a da and eight!

    four hours ever two weeks"ith the consent of a la$or union, or ifthere is no la$or union in a $usiness entit,with the approval of a la$or!managementconference, an emploer ma distri$ute theregular working hours, referred to in theproceeding paragraph, of an two workdas inever two weeks, to other workdas, providedthat no more than two hours shall $edistri$uted to each of the other workdas":owever, the total num$er of working hoursshall not eceed fort!eight hours everweek"ith the prior consent of the la$or union, orif there is no la$or union eists in a$usiness entit, with the agreement of ala$or!management conference, an emploer madistri$ute the regular working hours,referred to in the Paragraph1, in ever eightweeks, provided that the regular working timeshall not in ecess of eight hours a da andthe total num$er of working hours shall noteceed fort!eight hours ever week"

    Paragraphs % and ) are onl applica$le to the$usiness 2or industries3 designated $ the

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    Central Competent Authorit"The emploer shall prepare and keep workersign!in $ooks or time cards to record workerattendance on a da!to!da $asis" These $ooksand cards are to $e kept on file for at leastone ear"

    Article)!1

    Ior the $usiness 2or industries3 designated$ the Central Competent Authorit, upon theconsent of a la$or union, or if there is nola$or union in a $usiness entit, with theapproval of a la$or!management conference, anemploer ma change his*her working hoursunder the following principles&1" The distri$ution of regular working hoursto other work das in four weeks shall noteceed two hours a da and is not su$?ect tothe restrictions referred to in Paragraphs %

    to + of the preceding article"%" hen the regular workda is ten hours ada, the overtime work shall not eceed twohours for that particular da")" (ver two weeks shall have at least twodas off as a regular leave and is notsu$?ect to the restrictions referred to inArticle )4"+" Iemale workers on night shift, ecept forthose who are pregnant or are feeding their$a$ies, are not su$?ect to the restrictionsreferred to in Paragraph 1 of Article +B,

    however, the emploer must providesatisfactor safet and health facilities"The $usiness 2or industries3 that areapplica$le to Article ), which was amendedand enforced $efore Jecem$er %6, 1BB4, eceptfor agriculture, forestr, fisher, andpasturage $usiness, referred to in9u$paragraph 1, Paragraph 1, are notapplica$le to the preceding paragraph"

    Article)1

    The working hours of a worker operating in apit or tunnel shall $egin from the time ofentrance to the pit or tunnel and shall endat the time of departure therefrom"

    Article)%

    hen an emploer has a necessit to havehis*her emploee to perform the work $esidesregular working hours, he* she, with theconsent of a la$or union, or if there is nola$or union eists in a $usiness entit, withthe approval of a la$or!managementconference, ma etend the working hours"The etension of working hours referred to inthe preceding paragraph, com$ined with theregular working hours shall not eceed twelve

    hours a da" The total num$er of overtimeshall not eceed fort!si hours a month"

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    Jue to the occurrence of an act of God, anaccident, or an unepected event and when anemploer has a necessit to have his*heremploee to perform the work $esides regularworking hours, ma etend the working hours":owever, the emploer shall notif the la$orunion within twent!four hours after the$eginning of the etension" .f there is nola$or union, shall report it to the localcompetent authorit for record" 9u$se-uent tothe over time, the emploer shall offerworker suita$le time off"(cept for supervisor duties or in an ofthe situations referred to in the precedingparagraph, the working hours of a worker in apit or tunnel shall not $e etended"

    Article))

    here the living convenience of the pu$lic or

    other special cause necessitates thead?ustment of regular working hours andovertime hours for $usiness 2or industries3under Article ) other than manufacturing andmining in a manner not contemplated inArticles ) and )%, the local competentauthorities, ma if necessar, $ orderpermit such ad?ustment after having consulted$oth the competent authorit with?urisdiction over the $usiness 2orindustries3 and the la$or union"

    Article)+

    .f a rotation sstem of a da and night shift

    is adopted, workers on such shifts shall $erotated on a weekl $asis ecept as otherwiseconsented $ the worker"Those workers who are rotated in accordancewith the preceding paragraph shall $e grantedappropriate recess"

    Article)0

    A worker shall $e permitted to have a $reakfor at least thirt minutes after havingworked for four continuous hoursF provided,however, that such $reak ma $e rescheduled$ the emploer to $e taken within otherworking hours if a rotation sstem is adoptedor work of a continuous or urgent nature isinvolved"

    Article)4

    A worker shall have at least one regular daoff in ever seven das"

    Article)6

    A worker shall $e granted recess on allholidas, the 5a$or Ja and other dasprescri$ed $ the Central CompetentAuthorit"

    Article)7

    here a worker continues to work for one sameemploer or $usiness entit for a certainperiod of time, he* she shall $e granted

    annual paid leaves on an annual $asis on thefollowing $asis&

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    1" 9even das for the services of more thanone ear $ut less than three ears"%" Ten das for the service of more thanthree ears $ut less than five ears")" Iourteen das for the service of more thanfive ears $ut less than ten ears"+" 8ne additional da for each ear ofservice over ten ears up to a maimum ofthirt das"

    Article)B

    ages shall $e paid $ an emploer to aworker for taking a regular da off underArticle )4, a holida under Article )6 and anannual paid leave under Article )7" hen anemploer has o$tained the consent of a workerto work on a holida, he* she shall pa theworker at dou$le the regular rate for suchwork" This shall also appl where, with the

    consent of the worker or the la$or union, theworker is re-uired to work to meet urgent,seasonal re-uirements"

    Article+

    An emploer ma re-uire workers to suspendall leaves of a$sence referred to in Articles)4 to )7, if an act of God, an accident orunepected event re-uires continuance ofworkF provided, however, that the workerconcerned shall receive wages at dou$le theregular rate for work during the suspendedleave, and then also $e granted leave to makeup for the suspended leave of a$sence"

    .n respect of the suspended leaves of a$sencereferred to in the preceding paragraph, theemploer shall, within twent!four hoursafter the end off suspension, file a reportstating details and reasons with the localcompetent authorities for the approval andrecord of the suspension"

    Article+1

    .f it is deemed necessar $ the localcompetent authorities, the annual paid leaveof workers in pu$lic utilities referred to inArticle )7 ma $e suspended, for which theemploer shall pa wages at dou$le theregular rate"

    Article+%

    An emploer shall not compel a worker toaccept work $eond regular working hours ifthe worker is una$le to do so on account ofpoor health or other proper reasons"

    Article+)

    A worker ma take time off for wedding,funeral, sickness or other proper causes" Theduration of such leave and the wage standardsfor leaves other than unspecified casualleave shall $e prescri$ed $ the CentralCompetent Authorit"

    Chapter K Child orkers and Iemale orkersArticle A worker over fifteen ears old, $ut less

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    ++

    than siteen, shall $e considered as a childworker">o child worker shall $e permitted to doheav and ha@ardous work"

    Article

    +0

    >o emploer shall emplo an person under the

    age of fifteen" This does not appl if theperson has graduated from ?unior high schoolor the nature and environment of the workhave $een determined and authori@ed $ thecompetent authorit that no harm will resultto the worker's mental and phsical health"Provisions in child la$or regulations shallappl, mutatis mutandis, to the emploee ofthe preceding paragraph"The Central Competent Authorit shallstipulate the determination criteria, reviewprocedures, and other measures governing the

    compling matters for determining the natureand environment of the work that will not doan harm to the worker's mental and phsicalhealth stated in the first paragraph $ased onfactors such as the worker's age, nature ofwork, and the length of compulsor educationreceived" Ior persons under the age offifteen providing la$or service to a thirdpart through others, or directl providingla$or service to receive remuneration with noemploment relationship, the provision statedin the previous paragraph and child la$or

    protection regulations shall appl, mutatismutandis"

    Article+4

    (mploer of workers who are $elow siteenears old shall keep the letters of consentfrom the legal guardians and age certificatesof such workers on file"

    Article+6

    Child workers' dail working hours shall noteceed eight hours, weekl working hoursshall not eceed fort hours, and working onregulated da off is not permitted"

    Article

    +7

    >o child worker shall $e permitted to work

    $etween eight o'clock in the evening and sio'clock in the following morning"

    Article+B

    An emploer shall not make his *her femaleworker perform her work $etween ten o'clockin the evening and si o'clock in thefollowing morning" :owever, with the consentof a la$or union, or if there is no la$orunion in a $usiness entit, with the approvalof a la$or!management conference, and thefollowing re-uirements in each su$paragraphare met, the preceding restrictions are notapplied&

    1" The necessar safet and health facilitiesare provided"

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    %" hen there is no pu$lic transportationfacilities availa$le, transportationfacilities are provided or dormitories forfemale workers are arranged"Ior the necessar safet and healthfacilities referred to in 9u$paragraph 1 ofthe preceding paragraph, their standardsshall $e determined $ the Central CompetentAuthorit" :owever, the safet and healthfacilities set forth in an agreement $etweenthe emploer and the female worker are $etterthan re-uirements in the Act, the saidagreement shall $e controlling"hen a female worker is una$le to work$etween ten o'clock in the evening and sio'clock in the following morning due tohealth or other ?ustifia$le reasons, the

    emploer shall not force her to work"Jue to the occurrence of an act of God, anaccident, or an unepected event, and so theemploer has a necessit to make his* herfemale worker perform her work $etween teno'clock in the evening and si o'clock in thefollowing morning, the re-uirements in theParagraph1 shall not $e applied"Ior those female workers who are pregnant orare feeding their $a$ies, the proviso clauseof Paragraph 1 and the preceding paragraphshall not $e applied"

    Article0

    A female worker shall $e granted maternitleave $efore and after child$irth for acom$ined period of eight weeks" .n the caseof a miscarriage after the first three monthsof pregnanc, the female worker shall $epermitted to discontinue her work and shall$e granted maternit leave for a period offour weeks".f the female worker referred to in thepreceding paragraph has $een emploed formore than si months, she shall $e paidregular wages during the maternit leave,

    while if her period of service is less thansi months, she shall $e paid wages at halfof the regular pament"

    Article01

    A female worker ma appl to $e transferredto less strenuous work during her pregnanc"The emploer shall neither re?ect herapplication nor reduce her wage"

    Article0%

    here a female worker is re-uired to $reast!feed her $a$ of less than one ear of age,the emploer shall permit her to do so twicea da, each for thirt minutes, $esides the

    $reak period set forth in Article )0"The $reast feeding time referred to in the

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    preceding paragraph shall $e deemed asworking time"

    Chapter L Hetirement

    Article0)

    A worker ma appl for voluntar retirementunder an of the following conditions&

    1" here the worker attains the age of fift!five and has worked for fifteen ears"%" here the worker has worked for more thantwent!five ears")" here the worker attains the age of sitand has worked for ten ears"

    Article0+

    An emploer shall not force a worker toretire unless an of the following situationshas occurred&1" here the worker attains the age of sit!five"%" here the worker is una$le to perform his*

    her duties due to mental handicap or phsicaldisa$ilit"A $usiness entit ma re-uest the centralcompetent authorit to ad?ust the ageprescri$ed in 9u$paragraph 1 of the precedingparagraph if the specific ?o$ entails risk,re-uires su$stantial phsical strength orotherwise of a special natureF provided,however, that the age shall not $e reduced$elow fift!five"

    Article00

    Hetirement paments shall $e paid to workeron the $asis of the following standards&1" A lump sum pament of retirement pamentse-ual to two units shall $e paid for eachear of service, provided that each ear ofservice eceeding fifteen ears shall $eentitled to onl one unit of $ase wage, $utthe maimum shall $e fort!five units" Anfraction of a ear which is e-ual to or morethan si months shall $e counted as one earof service, $ut an fraction of a ear whichis less than si months shall $e counted ashalf a ear of service"

    %" An additional twent percent of theretirement paments provided for in thepreceding 9u$paragraph % shall $e paid to theworker whose retirement is mandated $9u$paragraph %, Paragraph 1 of Article 0+ andwhose mental handicap or phsical disa$ilitis caused during the performance of work"The unit for pament of retirement $enefit asreferred to in 9u$paragraph 1 of thepreceding paragraph, is a standard measurewhich denotes the average wage received $ aparticular worker at the time of his*her

    application for retirement is approved".f an emploer is una$le to make a lump sum

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    pament of the retirement $enefits re-uired$ the Paragraph 1 of this Article, he* shema seek approval from the Central CompetentAuthorit for paing the said $enefits ininstallments" here the retirement standardsadopted $ a $usiness entit $efore the Act$ecomes effective than those provided herein,such standards shall $e controlling"

    Article04

    An emploer shall appropriate a certain sumof mone ever month and deposit the same ina special account as the reserve fund forretirement $enefit for workers" This fundshall not $e permitted to $e used forassignment, attachment, set!off, mortgage orguarantee" The matters related to theappropriation rate, procedures andadministration shall $e determined $ the

    Central Competent Authorit and then approved$ the (ecutive =uan"The reserve funds of retirement $enefit forworkers appropriated and deposited $emploers each month mentioned in thepreceding paragraph shall $e put together asa 5a$or Hetirement Iund" This fund shall $eadministered $ a 9upervisor Committee of5a$or Hetirement Iund" The organi@ationmeetings and other related matters of theIund shall $e prescri$ed $ the CentralCompetent Authorit"

    The income and outla, safekeeping andutili@ation of the Iund mentioned in thepreceding paragraph shall $e handled $ thefinancial institutions assigned ?ointl $the Central Competent Authorit and the#inistr of Iinance"The minimum earnings shall not $e $elow thatof a two!ear deposit interest rate of alocal $anking institution" An loss sustainedof it shall $e made up $ the >ationalTreasur" The measures related to the mattersof income and outla, safekeeping and

    utili@ation of the Iund shall $e prescri$ed$ the Central Competent Authorit and thenapproved $ the (ecutive =uan"orkers' retirement reserve fundsappropriated and deposited $ the emploersshall $e under the direction and supervisionof the said supervisor committee composed ofworkers and emploers" orker representativesshall not $e less than two!thirds of thetotal mem$ership of said committee" Theorgani@ational regulations of said committeeshall $e prescri$ed $ the Central CompetentAuthorit"

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    Article06

    orkers' ears of service shall $e limited toears of emploment $ the same $usinessentit" .n determining the ears of serviceof a worker who is transferred to another$usiness entit owned $ the same emploer,and in determining accumulated service earsrecogni@ed $ a new emploer on a continued$asis under Article % of the Act, the earsof service at the different $usiness entitiesshall $e com$ined for calculation purposes"

    Article07

    The right of a worker to claim retirement$enefits shall $e lost recogni@ed if noteercised within five ears from the monthfollowing the effective date of retirement"

    Chapter M Compensation for 8ccupational AccidentsArticle0B

    An emploer shall pa compensation to aworker who is dead, in?ured, incapacitated or

    sick due to occupational accidents accordingto the following provisionsF provided thatif, in respect of the same accident, theemploer has alread paid compensation to theworker concerned in accordance with theprovisions of the 5a$or .nsurance Act orother applica$le statutes and administrativeregulations, The emploer ma deduct thosealread paid compensation therefrom&1" hen a worker is in?ured or suffers froman occupational disease, the emploer shallcompensate him the necessar medical

    epenses" The categories of occupation!related diseases and the scope of medicaltreatment covered shall $e governed $ therelevant provisions of the 5a$or .nsuranceAct"%" hen a worker under medical treatment isnot a$le to work, the emploer shall pa himcompensation according to his*her pre!eisting wage" The emploer shall $e releasedfrom such compensation o$ligation $ givingto the worker a lump sum pament e-ual tofort months of average wage if the workerfailing to recover after two ears of medicaltreatment has $een diagnosed and confirmed $a designated hospital as $eing una$le toperform the original work and so does notmeet the disa$ilit re-uirements under9u$paragraph ) hereof")" hen after the termination of medicaltreatment the designated hospital hasdefinitel diagnosed that the worker isdisa$led forever, the emploer shall pa hima lump sum as disa$ilit compensation in

    accordance with he*her average wage and thedegree of disa$ilit" The standards of

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    disa$ilit compensation shall $e prescri$edin the applica$le provisions of the 5a$or.nsurance Act"+" hen a worker dies of occupational in?uror disease, his* her emploer shall pafuneral su$sid e-ual to five months ofaverage wage and a lump sum survivorscompensation e-ual to fort months of averagewage to his*her survivors" The said survivorscompensation shall $e paid to survivors inthe following order&a" 9pouse and children,$" Parents,c" Grandparents,d" Grandchildren, ande" rothers and sisters"

    Article4

    The compensation paid $ an emploer in

    accordance with the preceding article ma $ededucted from the pament of compensation fordamages arising out of the same accident"

    Article41

    The statute of limitation for claim right toreceive compensation prescri$ed in Article 0Bshall not $e within two ears from the dateof the emploee $ecomes entitled to receivethe said compensation"The right to receive compensation shall not$e pre?udiced $ the severance of service $the particular worker, nor shall it $e usedfor transference, assignment, set!off,

    attachment, mortgage or guarantee"

    Article4%

    The owner of a $usiness entit who contractshis*her work to a su$contractor whosu$se-uentl su$contracts, the contractor,the su$contractor, and the last su$contractorshall $e ?ointl and severall lia$le to pathe compensation prescri$ed in this Chapterfor occupational accidents related to thework performed $ the workers hired $ thecontractor and the su$contractor"hen a $usiness entit or contractor orsu$contractor pas compensation foroccupational accidents in accordance with theprovisions of the preceding paragraph, eachma claim reim$ursement from the lastsu$contractor for the portion $orne"

    Article4)

    here a contractor's or su$contractor's worksite is located within the scope of work siteof the original $usiness entit or isprovided for $ the same, the said original$usiness entit shall supervise thecontractor or su$contractor to provide theirhired workers with such la$or conditions as

    prescri$ed in applica$le statutes andadministrative regulations"

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    A $usiness entit shall $e ?ointl andseverall lia$le with the contractor orsu$contractor for the compensation ofoccupational accidents caused to workershired $ the contractor or su$contractor forhaving violated the provisions of the 5a$or9afet and :ealth Act pertaining too$ligations which the contractor orsu$contractor are re-uired to perform"

    Chapter N Apprentices

    Article4+

    >o emploer shall $e permitted to recruit anapprentice of less than fifteen ears of age,unless such apprentice has graduated from the?unior high school"Ior the purposes of the Act, the termapprentice shall refer to a person whoseo$?ective is to learn technical skills in a

    ?o$ categor prescri$ed $ the competentauthorities for apprentice training, and whoreceives training from an emploer inaccordance with the provisions of thisChapter"The provisions of this Chapter shall appl,mutatis mutandis, to foster workers andinterns of a $usiness entit, students underan $usiness!education cooperation pro?ect,and other persons similar to apprentices innature"

    Article40

    .n recruiting an apprentice, an emploer

    shall sign a written training contract intriplicate with each apprentice,particulari@ing the training su$?ects,training period, $oarding and lodgingarrangements, living allowances, relevantteaching su$?ects, la$or insurance,certificate of completion of training, theeffective date of contract, the conditionsfor the termination of the contract, andother clauses relating to the rights ando$ligations of $oth parties to the contract"8ne cop of the contract shall $e kept $each mem$er of the parties thereto, and theremaining cop shall $e forwarded to thecompetent authorities for recording"ithout the prior consent of his*her legalguardian, no apprentice referred to in thepreceding paragraph shall $e allowed to signan apprenticeship training contract if he*sheis a minor

    Article44

    >o emploer shall $e permitted to collecttraining fees from an apprentice"

    Article

    46

    An emploer ma retain an apprentice upon

    epiration of his*her training period andshall pa him the same wage rate paa$le to

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    other workers doing the same work" Theretention period, if specified in anapprenticeship training contract, shall not$e longer than the training period

    Article47

    The num$er of apprentices shall not eceed

    one fourth of the total num$er of workers"The num$er of workers shall $e deemed fourfor calculation purposes even if it is $elowthat num$er"

    Article4B

    The provisions of Chapter .O pertaining toworking hours, recess and holidas, Chapter Opertaining to child workers and femaleworkers, and Chapter O.. pertaining tocompensation for occupational accidents andother related la$or insurance matters shallappl mutatis mutandis to apprentices"The standards for calculating the wages of an

    apprentice in connection with compensationfor occupational accidents shall not fall$elow the $asic wage"

    Chapter ork Hules

    Article6

    An emploer hiring more than thirt workersshall set up work rules in accordance withthe nature of the $usiness, and shallpu$licl displa the said rules after thehave $een su$mitted to the competentauthorities for approval and record" Therules shall specif the following su$?ectmatters&1" orking hours, recess, holidas, annualpaid leave of a$sence and the rotation ofshifts for continuous operations,%" 9tandards, method of calculation and pada of paa$le wages,)" 5ength of overtime work,+" Allowances and $onuses,0" Jisciplinar measures,4" Hules for attendance, leave!taking, awardand discipline, promotions and transfer,6" Hules for recruitment, discharge,

    severance, termination and retirement,7" Compensation and consolation pament foraccident, in?ur or disease,B" elfare measures,1" 9afet and health regulations to $efollowed and o$served $oth the emploer andthe worker,11" #ethods for communication of views andenhancement of cooperation $etween emploerand worker, and1%" #iscellaneous matters"

    Article

    61

    The work rules shall $e null and void if the

    violate an mandator or prohi$itiveprovisions of statutes, administrative

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    regulations, or collective agreementsapplica$le to a particular $usiness entit"

    Chapter Q 9upervision and .nspection

    Article6%

    To enforce the Act, other la$or statutes andadministrative regulations, the Central

    Competent Authorit shall either esta$lish ala$or inspection agenc or delegate thispower to the competent authorities in themunicipal cities" The local competentauthorit ma also as necessar, dispatchstaff mem$ers to conduct inspections"The organi@ational structure of the la$orinspection agenc referred to in thepreceding paragraph shall $e prescri$ed $the Central Competent Authorit"

    Article6)

    An inspector in the course of performing hisofficial duties shall displa the 5a$or

    .nspection $adge" >o $usiness entit mare?ect such inspection" .n the event the said$usiness entit re?ects inspection, theinspector ma enforce the visit in concertwith the local competent authorit or thepolice"An inspector in the course of performingofficial visit ma re-uest the $usinessentit to produce necessar reports, records,$ooks of account and other relevant documentsor written eplanations as prescri$ed $ theprovisions of the Act" .f it $ecomes

    necessar for the inspector to o$tain an rawmaterials, supplies, samples, or information,a prior notice shall $e given to the emploeror his agent and a receipt shall $e issued toacknowledge the materials given to him"

    Article6+

    A worker ma, upon discover of an violation$ the $usiness entit of the Act and otherla$or statutes and administrativeregulations, file a complaint with theemploer, the competent authorities or theinspection agencies"

    An emploer ma not discharge, transfer ortake an unfavora$le measure against theworker who files a complaint according to thepreceding paragraph"

    Chapter R. Penal Provisions

    Article60

    An emploer who violates the provisions ofArticle 0 shall $e imprisoned for a term noteceeding five ears, detained and*or fined asum less than >"T"S 60,"

    Article64

    An person who violates the provisions ofArticle 4 shall $e imprisoned for a term noteceeding three ears, detained and*or fined

    a sum less than >"T"S +0,"Article An emploer who violates Article +%,

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    66

    Paragraph % of Article ++, Paragraph 1 ofArticles +0, Article +6, Article +7,Paragraph ) of Article +B or Paragraph 1 ofArticle 4+ shall $e sentenced to a maimum of4 months imprisonment, detained, or fined aconcurrent maimum amount of >TS),"

    Article67

    An emploer who violates the provisions ofArticles 1), 16, %4, 0, 01 or Paragraph 1 ofArticle 00 shall $e fined a sum more than>"T"S B, $ut less than >"T"S +0,"

    Article

    6B

    An emploer who commits an one of thefollowing acts shall $e punished $ anadministrative fine of no less than >"T"S%, $ut not eceeding >"T"S ),&1" Oiolation of Article 6, Paragraph 1 ofArticle B, Articles 14 and 1B, Paragraph 1 ofArticle %1, Articles %%!%0, Paragraph % of

    Article %7, Articles ), )%, )+!+1 and +4,Paragraph 1 of Article +B, Paragraph 1 ofArticle 04, Article 0B, Paragraph 1 ofArticle 40, Articles 44!47 and 6 orParagraph % of Article 6+"%" Oiolation of an order rendered $ thecompetent authorities concerning wage pamentwithin the time limit as stipulated inArticle %6, or ad?ustment of working hours asstipulated in Article ))")" Oiolation of provisions concerning recessor the minimum wage rates paa$le during

    leave of a$sence other than casual leave asprescri$ed $ the competent authorities inaccordance with Article +)"Oiolation of Paragraph 0 of Article +B shall$e punished $ an administrative fine of noless than >"T"S B, $ut not eceeding >"T"S +0,"Ior an emploer who commits an one of theacts prescri$ed in the preceding twoparagraphs, the competent authorit mapu$licl announce the name of the $usinessentities, the name of the owner of a $usinessentit, and*or the name of responsi$le personand order the emploer to rectif suchviolation within a specified period of time".n the event if the said emploer fails torectif within the specified period of time,the said emploer shall $e fined perviolation"

    Article6B!1

    Penalt appling mutatis mutandis toviolations to Paragraphs % and + of Articles+0, Paragraph ) of Article 4+ and Paragraph 1of Article 4B is applica$le to the Penal

    Provisions of this Act"Article An person who refuses, avoids or o$structs a

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    7

    la$or inspector in the performance of his*herofficial duties shall $e punished $ anadministrative fine of no less than >"T"S), $ut not eceeding >"T"S 10,"

    Article71

    .f the representative of a legal entit, the

    agent of a legal entit or a natural person,an emploee or an other staff mem$erviolates the Act in the rendering of hisrespective services, the violator shall $epunished pursuant to this ChapterF inaddition, the legal entit itself or thenatural person shall also $e su$?ect topunishment $ such fine or administrativefine as prescri$ed in the respective articlesof the ActF unless the representative of thelegal entit or the natural person has donehis $est to avoid the occurrence of the

    violation"The representative of a legal entit or thenatural person shall $e deemed as anoffender, if he*she instigate or ignores theviolation"

    Article7%

    here an administrative fine remains unpaidafter a demand for pament from the competentauthorit, the case shall $e referred to thecourt for compulsor eecution"

    Chapter R.. 9upplementar Provisions

    Article7)

    A $usiness entit shall hold meeting tocoordinate worker!emploer relationships andpromote worker!emploer cooperation andincrease work efficienc" The regulationsgoverning for la$or!management conferenceshall $e prescri$ed $ the Central CompetentAuthorit in concert with the #inistr of(conomic Affairs and then reported to the(ecutive =uan for approval"

    Article7+

    .n the case of a civil servant who also hasthe legal status of a worker, civil servicelaws and regulations shall govern suchmatters as appointment, discharge, wage,

    salar, award and discipline retirement,survivors compensation and insurance2including that for occupational accidents3".f the rest of the la$or conditions are morefavora$le than the relevant provisions of theAct, the more favora$le parts shall appl"

    Article7+!1

    After the approval and pu$lic announcement ofthe Central Competent Authorit, thefollowing tpes of workers ma arrange theirown working hours, regular das off, nationalholidas and female workers' night workthrough other agreements with their

    emploers" These agreements shall $esu$mitted to the local competent authorities

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    for approval and record and shall not su$?ectto the restrictions imposed $ Articles ),)%, )4, )6 and +B of the Act&1" 9upervisor, administrative workers, andprofessional workers with designatedresponsi$ilit,%" #onitoring or intermittent ?o$s, and)" 8ther tpes of ?o$ in special nature"The agreement made under the precedingparagraph shall $e in the form of writtendocument" The shall use the $asic standardscontained in the Act as reference and shallnot $e detrimental to the health and well!$eing of the workers"

    Article7+!%

    The seniorit of a worker is calculated fromthe first da of his*her emploment" Thestandards of severance and retirement $enefit

    for the seniorit accumulated $efore theapplication of the Act shall $e calculated inaccordance with the applica$le Acts andadministrative regulations effective duringthat time" .n cases there were no applica$leActs and administrative regulations, thesestandards shall $e calculated in accordancewith the rules promulgated $ the respective$usiness entities or the agreements reached$ workers and emploers themselves" Afterthe application of the Act, the standards ofseverance pas and retirement $enefits for

    the seniorit accumulated shall $e calculatedin accordance with Articles 16 and 00 of theAct"

    Article70

    The enforcement rules of the Act shall $eprescri$ed $ the Central Competent Authoritand reported to the (ecutive =uan forapproval"

    Article74

    The Act shall $ecome effective on the date ofpromulgation" :owever, Paragraph 1 and % ofArticle ) amended and promulgated on une%7, % of the Act shall $ecome effective onanuar 1, %1"