雇主與勞工所訂勞動條件,不得低於本法所定之最低標準。
The terms and conditions of any agreement between an employer and a worker shall not be below the minimum standards provided herein.
第2條 (定義)本法用辭定義如左:
Article 2 The terms used in the Act shall be defined as follows:
二雇主:謂僱用勞工之事業主、事業經營之負責人或代表事業主處理有關勞工事務之人。
2.
Employer means the owner of a business entity which hires workers, the responsible person of business operations, or the person who represents the business owner in handling labor matters.
三工資:謂勞工因工作而獲得之報酬;包括工資、薪金及按計時、計日、計月、計件以現金或實物等方式給付之獎金、津貼及其他任何名義之經常性給與均屬之。
3.
Wage means the compensation which a worker receives for his work, including wages、salaries、bonuses、allowances, whether computed on an hourly, daily, monthly or piecework basis, whether payable in cash or in kind, and any other regular payments under whatever name.
四平均工資:謂計算事由發生之當日前六個月內所得工資總額除以該期間之總日數所得之金額。
4.
Average wage means the figure arrived at by taking the total wages for the six months preceding the day on which an event requiring that a computation be made occurs, divided by the total number of days in that period.
工作未滿六個月者,謂工作期間所得工資總額除以工作期間之總日數所得之金額。
In the case of a period of service not exceeding six months, the term "average wage" means the figure arrived at by taking the total wages for the service period divided by the total number of days of that period.
工資按工作日數、時數或論件計算者,其依上述方式計算之平均工資,如少於該期內工資總額除以實際工作日數所得金額百分之六十者,以百分之六十計。
In the case of wages which are computed on a daily, hourly, or piecework basis, if the "average wage" figure arrived at according to the preceding formula is less than sixty percent of a figure determined by dividing the total wages for the particular service period by the actual number of work days, the "average wage" in this case shall be the sixty percent figure.
五事業單位:謂適用本法各業僱用勞工從事工作之機構。
5.
Business entity means any entity engaged in any of the lines of business that are governed by this act, which employs workers to do work.
第3條 (適用行業之範圍)本法於左列各業適用之:
Article 3 The Act shall be applicable to the following lines of business:
八其他經中央主管機關指定之事業。
8.
Other lines of business as may be designated by the Central Competent Authority.
依前項第八款指定時,得就事業之部分工作場所或工作者指定適用。
When making designation referred to in Item 8 of the proceeding paragraph, a portion of the workplace or part of workers in the business entity may be designated as applicable.
本法適用於一切勞雇關係。
The Act shall apply to all forms of employee-employer relationships.
However, this principle shall not apply, if it is discovered that the application of the Act will genuinely cause undue hardship to the business entities involved due to the factors relating to the types of management, the administration system and the characteristic of work involved and if it belongs to the lines of business or work designated and publicly declared by the Central Competent Authority.
但因經營型態、管理制度及工作特性等因素適用本法確有窒礙難行者,並經中央主管機關指定公告之行業或工作者,不適用之。
The Act shall apply to all forms of employee-employer relationships.
However, this principle shall not apply, if it is discovered that the application of the Act will genuinely cause undue hardship to the business entities involved due to the factors relating to the types of management, the administration system and the characteristic of work involved and if it belongs to the lines of business or work designated and publicly declared by the Central Competent Authority.
前項因窒礙難行而不適用本法者,不得逾第一項第一款至第七款以外勞工總數五分之一。
The total number of workers employed in the business entities which will encounter genuinely undue hardships and shall not be applicable to the Act, shall not exceed one-fifth of the total number of workers employed in the lines of business as stipulated in Items 1-7 of Paragraph 1 to this Article.
第4條 (主管機關)本法所稱主管機關:在中央為行政院勞工委員會;在直轄市為直轄市政府;在縣(市)為縣(市)政府。
Article 4 For the purposed of the Act, the term competent authorities used herein shall refer to the Council of Labor Affairs of the Executive Yuan at the central government level, the municipal city governments at the municipal government level and the county/city governments at the county/city government level.
第5條 (強制勞動之禁止)雇主不得以強暴、脅迫、拘禁或其他非法之方法,強制勞工從事勞動。
Article 5 No other employer shall, by force, coercion, detention, or other illegal practices, compel a worker to perform work.
第6條 (抽取不法利益之禁止)任何人不得介入他人之勞動契約,抽取不法利益。
Article 6 No person shall interfere in the labor contract of other persons and obtain illegal benefits.
第7條 (勞工名卡之置備暨登記)雇主應置備勞工名卡,登記勞工姓名、性別、出生年月日、本籍、教育程度、身分證統一號碼、到職年月日、工資、勞工保險投保日期、獎懲、傷病及其他必要事項。
Article 7 An employer shall provide and maintain a worker record card indicating the name, sex, birth date, place of ancestral origin, educational background, address, uniform identification card number, employment starting date, wage, labor insurance starting date, merits and demerits, injury and disease and other significant facts of each worker.
前項勞工名卡,應保管至勞工離職後五年。
The worker record card referred to in the preceding paragraph shall be kept on file by the employer for five years after the date a particular worker ceases to be employed.
第8條 (雇主提供工作安全之義務)雇主對於僱用之勞工,應預防職業上災害,建立適當之工作環境及福利設施。
Article 8 An employer shall take precautions for the benefit of his (or her) hired workers against occupational hazards, create a proper working conditions and provide welfare facilities.
其有關安全衛生及福利事項,依有關法律之規定。
All safety, sanitation and welfare matters related thereto shall be governed by the stipulations of applicable statutes.
定期契約屆滿後,有左列情形之一者,視為不定期契約:
In any one of the following situations, a fixed-term contract shall be deemed as to be a non-fixed-term upon the expiration of the contract:
二雖經另訂新約,惟其前後勞動契約之工作期間超過九十日,前後契約間斷期間未超過三十日者。
2.
Where, despite the execution of a new contract, the prior contract and the new one together cover a period of more than ninety days and the period of time between expiration of the prior contract and execution of the new one does not exceed thirty days.
前項規定於特定性或季節性之定期工作不適用之。
The preceding paragraph shall not apply in the case of a fixed-term contract for special and seasonal work.