Best Wage & Hour Lawyers in Kaohsiung City

About Wage & Hour Law in Kaohsiung City, Taiwan

Wage and hour laws in Kaohsiung City, Taiwan, are designed to ensure fair treatment of employees regarding compensation and work hours. These laws are governed by the Labor Standards Act, and they set out regulations for minimum wage, overtime pay, working hours, rest days, and more. Compliance with these laws is crucial for maintaining a fair and just work environment.

Why You May Need a Lawyer

Hiring a lawyer for Wage & Hour issues can be essential in various situations, including:

• Unpaid wages: If you suspect that your employer has not paid you the wages you are owed.

• Overtime disputes: When you have worked beyond standard hours but not received the appropriate overtime compensation.

• Misclassification: If you believe you have been wrongfully classified as an independent contractor instead of an employee to avoid payment of standard benefits or wages.

• Rest day violations: When your employer fails to provide the legally required rest days.

• Discrimination or retaliation: If you face unfair treatment for asserting your wage and hour rights.

Local Laws Overview

The key aspects of local Wage & Hour laws in Kaohsiung City, Taiwan, include:

• Minimum Wage: The minimum wage in Taiwan is determined by the Ministry of Labor and is updated regularly.

• Overtime Pay: Employees are entitled to overtime pay for hours worked beyond the standard 8 hours per day or 40 hours per week.

• Working Hours: The standard workweek is 40 hours, distributed over a maximum of six days a week, with at least one mandatory rest day.

• Rest Days: Employees must receive at least one day off per seven-day period.

• Holiday Pay: Workers are entitled to additional pay for working on legally recognized holidays.

Frequently Asked Questions

What is the current minimum wage in Kaohsiung City?

The current minimum wage in Taiwan is set by the Ministry of Labor and is updated periodically. As of 2023, it is NT$26,400 per month or NT$176 per hour.

How is overtime calculated?

Overtime pay is 1.33 times the regular hourly rate for hours worked beyond 8 per day or 40 per week, and 1.66 times for hours worked beyond 12 in a single day.

Are part-time and temporary workers covered by Wage & Hour laws?

Yes, part-time and temporary workers are covered by the same Wage & Hour laws as full-time employees.

What can I do if my employer refuses to pay my wages?

If your employer refuses to pay your wages, you can file a complaint with the local Labor Inspection Office or seek legal advice to determine further steps.

Am I entitled to a rest day if I work six days a week?

Yes, the law requires that employees must have at least one day off per seven-day work period.

Do I get paid extra for working on a public holiday?

Yes, working on a public holiday entitles you to additional pay, usually at twice the regular hourly rate.

What should I do if my employer misclassifies me as an independent contractor?

If you believe you have been misclassified to avoid wage and benefit obligations, you should consult a lawyer to understand your rights and options for redress.

How long do I have to file a Wage & Hour complaint?

You generally have five years to file a wage claim in Taiwan, but it is best to act as soon as possible.

Can my employer fire me for complaining about unpaid wages?

Retaliation for asserting wage and hour rights is illegal. If you face such an issue, seek legal advice immediately.

What evidence do I need to support my Wage & Hour claim?

Keep records of your working hours, wages received, employment contract, and any communication with your employer about wage disputes to support your claim.

Additional Resources

For further assistance, you may turn to the following resources:

• Ministry of Labor: The primary government body overseeing labor issues.
• Kaohsiung City Labor Affairs Bureau: Local support for labor disputes and complaints.
• Legal Aid Foundation: Provides legal assistance to low-income individuals.
• Labor Standards Inspection Office: Handles inspections and enforcement of labor laws.

Next Steps

If you need legal assistance with Wage & Hour issues, follow these steps:

• Document everything: Keep detailed records of hours worked, wages received, and any communications with your employer.
• Consult a lawyer: Seek advice from a lawyer specializing in labor law to understand your rights and options.
• File a complaint: If necessary, file a complaint with the local Labor Standards Inspection Office or the Ministry of Labor.
• Consider mediation: Mediation services may help resolve disputes amicably without going to court.