Key Points You Must Know About Labor Inspections

勞動檢查 律師 工時 薪資 職安

Labor inspection is a term that strikes fear into many business owners. Whether it’s working hours, wage management, or occupational safety and health, any violation can lead not only to hefty fines but also damage to the company’s reputation and labor relations. Today, let’s dive into the two main focuses of labor inspections—“working hours and wage management” and “occupational safety and health”—to help businesses conduct self-assessments in advance and prevent potential issues before they arise!
 



Working Hours and Wage Management


According to Article 30 of the Labor Standards Act, regular working hours must not exceed 8 hours per day and 40 hours per week. If overtime is required, employers must obtain employee consent and calculate overtime pay according to legal standards:

  • Weekday overtime: The first 2 hours must be paid at 1.34 times the regular wage; from the 3rd hour onward, at 1.67 times.

  • Overtime on regular days off and rest days: Must be compensated at a higher rate or by providing compensatory leave.

  • Working hours record retention: Employers must properly keep attendance records to avoid penalties due to incomplete documentation.

Common Violations

  1. Employees “forced” to work overtime but not recordedIn cases where employees appear to “voluntarily” work overtime without it being recorded in official timesheets, and the employer neither requested nor confirmed the overtime hours, the employer may still be held accountable.

  2. Violating shift interval regulations, resulting in excessive working hours
    The Labor Standards Act requires employers to ensure adequate rest periods between shifts. Failure to comply may lead to overwork, fatigue, occupational illnesses, or even accidents, especially if employees are required to work again within a short time frame.

  3. Disguising overtime pay as “bonuses”
    Some businesses may attempt to pay overtime under the guise of a “bonus” to avoid legal obligations. This practice violates labor laws, as all overtime must be clearly and separately calculated as overtime pay, regardless of how the payment is labeled.

Business Response Recommendations

  1. Implement a sound clock-in/out system to ensure transparent work hour records
    A robust timekeeping system is essential for lawful labor hour management and helps companies avoid labor inspection issues. It ensures accurate tracking of attendance, overtime, and holiday shifts, reducing the risk of penalties from incomplete or inaccurate records.

  2. Regularly review wage structures to ensure proper calculation of overtime pay and allowances
    Compensation structure is a key area of management. Regularly reviewing and adjusting it, particularly for overtime and allowances, ensures compliance with legal requirements and helps avoid disputes or labor inspection penalties.

In addition,Article 22 of the Labor Standards Act states that employers must pay wages as agreed and must not delay or deduct wages without reason. A monthly payslip should be provided, clearly itemizing base salary, overtime pay, and allowances. All related records must be kept for at least five years. Neglecting these duties may make the company a prime target for labor inspectors!



Occupational Safety and Health


According to 《Article 6 of the Occupational Safety and Health Actt, employers are obligated to provide a safe and healthy working environment to prevent occupational accidents. Key inspection points include:

  1. Safety Equipment Inspection: Are fall prevention systems, guardrails, and emergency stop devices properly installed?

  2. Work Environment Inspection: Are there issues such as poor ventilation, insufficient lighting, or excessive noise?

  3. Education, Training, and Health Management: Does the employer regularly provide occupational safety training and health checkups?

Common Violations

  1. Lack of safety guardrails on construction sites leading to worker falls
    Under the Occupational Safety and Health Act, employers must provide safe working conditions, especially when work is performed at heights. This includes installing guardrails, fall protection systems, and other necessary safety measures. Failing to do so puts workers at risk of falls, potentially causing serious injuries or fatalities and exposing the employer to legal liability.

  2. Factory workers operating machinery without training, resulting in injuries
    In factories, untrained employees operating machinery are at high risk of injury due to improper handling. Employers are legally required to provide adequate training for all employees who work with hazardous equipment, ensuring they understand both operation procedures and safety precautions.

  3. Excessive working hours or frequent night shifts harming employees' physical and mental health
    Long working hours and frequent night shifts can severely impact employee well-being. Employers must reasonably schedule work hours and avoid prolonged labor to safeguard health.

Recommendations for Businesses

  1. Provide necessary personal protective equipment (PPE), such as helmets and fall arrest gear
    To ensure employee safety in hazardous environments, companies must supply appropriate PPE based on workplace risks. This may include helmets, fall protection ropes, safety goggles, and protective gloves.

  2. Establish an incident reporting system to ensure immediate response during accidents
    A robust incident reporting mechanism is critical in occupational safety management. In the event of an accident, the company must respond quickly and effectively to control the situation, minimize harm, and protect employee safety.

  3. Regularly conduct safety training to ensure employees are familiar with emergency procedures
    Safety education and training are essential to prevent workplace accidents. Through regular training, businesses can raise employee awareness, help them identify hazards, and equip them with the knowledge to respond appropriately, reducing the risk of accidents.

Employers are also required to implement hazard communication and risk assessments to maintain a safe work environment. Once an occupational accident occurs, the consequences go beyond employee injuries—they can include medical compensation, fines, and reputational damage to the company.



Compliance and Professional Oversight Are Crucial!


Working hours, wages, and occupational safety management are fundamental pillars of sustainable business operations. Complying with legal regulations not only helps prevent labor inspection risks but also boosts employee satisfaction and enhances company reputation.

However, labor laws are complex and frequently updated, making it difficult for businesses to stay fully informed. If you'd like to assess your company's compliance or build a comprehensive regulatory system, seeking professional legal consultation can help prevent potential risks and ensure long-term business sustainability.

Feel free to contact us — let's protect labor rights together and build a safe, trustworthy workplace!

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