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Overtime: how to calculate how much they have to pay you

Work Permits, Employment Qualifications, Employer Problems
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Overtime: how to calculate how much they have to pay you

Postby jesus80 » 01 Apr 2016, 15:21

Hi,

I know the formula and tiers, but I don't know how to calculate how much it my "hourly salary". They divide by the number of natural days of the current month and by 8 (hours per day), but obviously I don't work 31 days per month... that doesn't make much sense.,

Any law that explains this?
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Re: Overtime: how to calculate how much they have to pay you

Postby Icon » 01 Apr 2016, 16:11

Following Chus questions, does this still apply?:

Article 24
An employer shall pay a worker overtime wages on the following basis:
1. Where the overtime work does not exceed two hours, the worker shall be paid, in addition to the regular hourly wage, at least an additional one-third of the regular hourly rate.
2. Where the overtime work is over two hours, but does not exceed four hours, the worker shall be paid, in addition to the regular hourly wage, at least an additional two-thirds of the regular hourly rate.
3. Where the overtime work is requested in accordance with Paragraph 3 to Article 32, the worker shall be paid two times the regular hourly rate.



So, yes, it would be interesting to know how to calculate the hourly rate.
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Re: Overtime: how to calculate how much they have to pay you

Postby zender » 01 Apr 2016, 16:23

Not sure if this is correct for all jobs in Taiwan, but I've heard that the way to calculate it is as follows:

Let X = the number of hours you work in a week.

Then if you are at a standard, salaried position,

the formula for how much they have to pay you is

NT$(X minus 40) times Y

Where Y equals zero. :neutral:
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Re: Overtime: how to calculate how much they have to pay you

Postby yyy » 01 Apr 2016, 23:22

Take your total monthly "wage" (including salary and regular allowances as defined in Art. 2, subject to the exclusions listed in Art. 10 of the Enforcement Rules), divide it by 240 (30 days including weekends and holidays, 8 hours per day), and you have your theoretical hourly rate on which to base the Art. 24 overtime rates.

This is different from the "average wage" formula, in which the length of a month is supposed to be more than 30 days. It also creates a discrepancy between the basic (aka minimum) wage for full-time and part-time workers. It's $20,008/m or $120/h, but with the monthly version the theoretical hourly rate is $83.37/h.

Also check the fine print of your contract and work rules. If either of them contains a formula more favorable to you, it prevails.

http://www.mol.gov.tw/topic/3067/5990/5999/14481/
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Re: Overtime: how to calculate how much they have to pay you

Postby yyy » 01 Apr 2016, 23:37

jesus80 wrote:Hi,

I know the formula and tiers, but I don't know how to calculate how much it my "hourly salary". They divide by the number of natural days of the current month and by 8 (hours per day), but obviously I don't work 31 days per month... that doesn't make much sense.,

Any law that explains this?

As for 31 vs. 30, I don't remember seeing any 函's that said to use the actual days in a given month (i.e. they use the flat 240h/m formula), even though they do say to use the actual number of days when calculating the "average wage" (for severance pay etc.). If you do enough overtime for the difference between 30 and 31 to be worth fighting over, you should ask the Ministry of Labor for a definitive answer: http://english.mol.gov.tw/homeinfo/6462/19948/
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Re: Overtime: how to calculate how much they have to pay you

Postby jesus80 » 01 Apr 2016, 23:43

I went to a government office today and they told me that 31 days for the last month is correct... wtf...
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Re: Overtime: how to calculate how much they have to pay you

Postby Icon » 01 Apr 2016, 23:44

YYY, much appreciative for your diligence at this late hour.
Lo urgente no deja tiempo para lo importante. Mafalda.

None of us are getting out of here alive, so please stop treating yourself like an after thought. Eat the delicious food. Walk in the sunshine. Jump in the ocean. Say the truth that you’re carrying in your heart like hidden treasure. Be silly. Be kind. Be weird. There’s no time for anything else.
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Re: Overtime: how to calculate how much they have to pay you

Postby jesus80 » 01 Apr 2016, 23:46

Yeah, thanks a lot yyy. I didn't say that because I'm trying to send this (and the pm) ASAP.
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Re: Overtime: how to calculate how much they have to pay you

Postby yyy » 02 Apr 2016, 00:39

jesus80 wrote:I went to a government office today and they told me that 31 days for the last month is correct... wtf...

The first han at http://www.mol.gov.tw/topic/3067/5991/6010/19252/ says 240h (i.e. 30 days), but it doesn't explicitly say that using the actual number of days per month is wrong. (If you can't read the numbers, the ones that look like "。" are supposed to be "〇" i.e. zero.) I think I saw another one somewhere that said 30 days, but maybe it didn't say 31 was wrong either.

The principle of using 31 days in March is definitely sound, assuming they also use 29 days for February this year.
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Re: Overtime: how to calculate how much they have to pay you

Postby jesus80 » 02 Apr 2016, 07:34

For some strange reason I think that to use natural days is... bullshit. it's 2016, regular workers don't work on Saturdays or Sundays, to count them is only for making your wage lower in case they have to pay you overtime. :S
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