勞工出勤紀錄與加班事實之證明: 兼論勞動事件法相關規範之影響

Translated title of the contribution: Disputes on Worker Attendance Records and Overtime Verification Fact: A Concurrent Analysis of Impact of Relevant Regulations in the Labor Incident Act

Research output: Contribution to journalArticlepeer-review

Abstract

Overtime pay is an important issue of labor disputes in recent years. In this regard, Article 30, Paragraph 5 of the Labor Standards Act stipulates that "employers shall prepare and keep worker attendance records for five years." However, in the case of the overtime pay litigation when labors demand their employers for the overtime pay when disputes occur, it appears that the employers often fail to meet the burden of proof of providing actual workers attendance records regarding the overtime work by law. Thus, this article first explains employers' obligations and methods of preparing workers' attendance records as stipulated in the Labor Standards Law and then combine the provisions of the Civil Procedure Code on the burden of proof to clarify the burden of proof and mitigation of overtime work. Secondly, the article summarizes the legal effects when the employers fail to provide documents without justifiable reasons. Furthermore, this article combines the Article 345, Paragraph 1 of the Civil Procedure Code and Article 36 of the Labor Incident Act which was enacted in January 2020 to explain the legal effect of spoliation of evidence. Finally, the validity of workers' attendance records and overtime verification facts are comprehensively analyzed and interpreted in accordance with Article 38 of the Labor Incident Act.
Translated title of the contributionDisputes on Worker Attendance Records and Overtime Verification Fact: A Concurrent Analysis of Impact of Relevant Regulations in the Labor Incident Act
Original languageChinese (Traditional)
Pages (from-to)163-213
Number of pages51
Journal國立中正大學法學集刊
Volume65
StatePublished - 1 Oct 2019

Keywords

  • Labor Incident Act
  • Work Hours
  • Burden of Proof
  • Attendance Records
  • Overtime Pay
  • Document Disclosure Obligation
  • Duty to Provide Information
  • Spoliation of Evidence
  • Legal Fiction
  • Free Evaluation of Evidence

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