Working hours
- Regular working time
The regular working time may not exceed eight hours a day nor 40 hours a week. - Extended working time
When an employer has a necessity to have the employee to perform the work besides regular working hours, the employer, with the consent of a labor union or the approval of a labor-management conference, may extend the working hours. The extension of working hours combined with the regular working hours shall not exceed twelve hours a day; the total number of overtime shall not exceed forty-six hours a month. - Regular leave and rest day
A worker shall have two regular days off every seven days. One day is a regular leave and the other one is a rest day. - Attendance records
Employers shall prepare and keep worker attendance records for five years. The attendance records shall register the attendance of workers on a daily basis to the minute. Employers may not refuse when workers request for duplicates or photocopies of the attendance records.
National holidays
| NO | Item | Date |
|---|
| 1 | Republic Day / New Year's Day | 1 Jan |
| 2 | Chinese New Year | Chinese New Year's Eve ~ 5th day of 1st lunar month |
| 3 | Peace Memorial Day | 28 Feb |
| 4 | Ching Ming Festival and Tom Sweeping Day, and Children's Day | 4 Apr |
| 5 | Labor Day | 1 May |
| 6 | Dragon Boat Festival or Tuen Ng Festival | 5th day of 5th lunar month |
| 7 | Mid-Autumn Festival | 15th day of 8th lunar month |
Overtime charges
Overtime charge has different rates. We assume the monthly salary at $a and hourly rate $b=a/30, then:
| Overtime Hours | Overtime Charge Rate (c) | Charge Hours（d） | Overtime Payment（e=b*c*d） |
|---|
| <2 hours on working days | 1.34 * b | actual overtime hours | 1.34 * b * actual overtime hours |
| 2～4 hours on working days | 1.67 * b | actual overtime hours | 1.67 * b * actual overtime hours |
| <2 hours on rest days | 1.34 * b | actual overtime hours | 1.34 * b * actual overtime hours |
| 2~8 days on rest days | 1.67 * b | actual overtime hours | 1.67 * b * actual overtime hours |
| 8~12 hours on rest days | 2.67 * b | actual overtime hours | 2.67 * b * actual overtime hours |
| <8 hours on regular leaves | b | 8 (fixed) | b * 8 |
| 8~12 hours on regular leaves | 2 * b | actual overtime hours | 2 * b * actual overtime hours |
| <8 hours on holidays | b | 8 (fixed) | b * 8 |
| 8~10 hours on holidays | 1.34 * b | actual overtime hours | 1.34 * b * actual overtime hours |
| 10~12 hours on holidays | 1.67 * b | actual overtime hours | 1.67 * b * actual overtime hours |
Leaves
Primary leaves guaranteed by labor laws are as below:
| NO | Type | Criteria |
|---|
| 1 | Annual paid leaves | A worker who has worked continually for the same employer or business entity for a certain period of time shall be granted annual paid leaves on an annual basis:- 6 months < service < 1 year: 3 days
- 1 year < service: 7 days
- 2 years < service: 10 days
- 3 years < service: 14 days
- 5 years < service: 15 days
- 10 years < service: 16 days
- 11 years < service: 17 days
- 12 years < service: 18 days
- :
- :
- 24 years < service: 30 days
|
| 2 | Personal leaves | - In the event of matters which a worker must personally deal with: 14 days / year
|
| 3 | Sick leave | When a worker must receive medical service or rest on account of ordinary injury, sickness, or physical reasons:- a. For the non-hospitalized: 30 days
- b. For the hospitalized: 1 year
- a+b < 1 year.
|
| 4 | Funeral leave | - On the death of parent, foster-parent, step-parent, spouse: 8 days
- On the death of grand-parent, son or daughter, parent of spouse, foster-parent or step-parent of spouse: 6 days
- On the death of great-grandparent, brother or sister, grand-parent of spouse: 3 days
|
| 5 | Wedding leave | |
| 6 | Maternity leave | - A female worker before and after childbirth: 8 weeks
- In the case of a miscarriage after being pregnant for more than three months: 4 weeks
- In the case of a miscarriage after being pregnant for over two months and less than three months: 1 week
- In the case of a miscarriage after being pregnant for less than two months: 5 days
|
| 7 | Paternity leave | - When an employee’s spouse is in labor: 5 days
|
| 8 | Leave for pregnancy checkups | - During an employee’s term of pregnancy: 5 days
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| 9 | Parental leave | After being in service for six months, before any of their children reach the age of three years old:- The period of this leave is until their children reach the age of three years old but may not exceed two years.
- When employees are raising over two children at the same time, the period of their parental leave shall be computed aggregately and the maximum period shall be limited to two years received by the youngest child.
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| 10 | Family care leaves | For the purpose of taking personal care for family members who need inoculation, who suffer serious illness or who must handle other major events:- The number of this leave shall be included into personal leaves and not exceed seven days in one year.
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