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Fishermen, office supervisors made exempt employees

2019/05/22 21:07:37

Image for illustrative purposes only / Image taken from Pixabay

Taipei, May 22 (CNA) Fishermen and some high-ranking white-collar supervisors will be included as exempt employees in Taiwan's workplace from Thursday, according to the Ministry of Labor (MOL).

Due to the characteristics of their professions, which could sometimes require them to work more than 12 hours continuously, fishermen, as well as office supervisors who get a monthly base salary higher than NT$150,000 (US$4,680) and are hired to run a business and oversee staff will be subject to the new regulation, the MOL said.

Based on the recently revised 84-1 provision of the Labor Standards Act, such white-collar supervisors must meet the two requirements that they receive a salary higher than the stated amount and they indeed manage the enterprise and supervise company workers with authority over promotion or dismissal, the MOL explained.

The new measure is expected to affect a total of about 90,000 people -- some 50,000 Taiwanese and foreign fishermen working aboard deep or offshore fishing boats and around 38,000 white-collar supervisors, it noted.

In general, to be considered an exempt employee, one must be paid a salary rather than an hourly wage, and must perform executive, administrative or professional duties, which makes them ineligible for overtime pay.

According to the MOL, the new regulation has been devised to allow these two categories of employees and their employers greater flexibility to negotiate contracts. Such contracts must be approved by local government before they can take effect.

In addition, the MOL said it will announce a decision between May 27 and June 10 to cover resident doctors under the Labor Standards Act and designate them as exempt employees as well, which could benefit a further 4,680 people.

The current law stipulates that employees are not permitted to work over eight hours per day, no more than 40 hours per week and no more than 46 hours per month of overtime.

(By Flor Wang and Wu Hsin-yun)
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