panel in winter, and the staff was forced to take leave! The panel industry may face a fine of up to one million. The prosperity of the
panel industry has reversed this year, with terminal consumption demand slowing down, and there are doubts of excessive inventory. It is not as good as the prosperity of the previous two years. It was reported that panel factories have gradually reduced production, and some panel factory employees complained to Apple News Network, "Tainan panel factories have begun to force employees to take leave", "If you don't pay for your leave, you need to take your own special leave." After verification, it was an internal announcement from Qunchuang to employees. Qunchuang said that this is a charging plan to encourage colleagues to take continuous leave, but the Ministry of Labor pointed out that this move has obviously violated the Labor Fund Law. If any employee reports, a fine of NT$50,000 to NT$1 million will be fined.
Some group creators broke the news to Apple News Network that the company issued an announcement stating that "Normal Classes and the 52nd Round of Personnel in Taiwan's factory area" stating that September 12 and 13, 2022 are vacations, and the internal system will deduct 2 days of vacations. In addition, October 5th to 7th is also a vacation days, and the system will deduct 3 days of vacations. The order of deducting leave is the number of ammunition, special leave and compensatory leave. According to the remaining number of hours of vacation, the company will deduct leave first according to "the use period first comes first". If the number of vacation hours is insufficient, the company will borrow leave first (special pre-payment), and then the special leave will be offset first when a new year special leave occurs. If the employee's service is not full, the special leave will be deducted back.
In response, Qunchuang responded that in response to the company's capacity adjustment and taking care of the physical and mental balance and health of colleagues, Qunchuang implemented a charging plan that encourages colleagues to take continuous vacations. In September, the Mid-Autumn Festival holiday is continued, and two more days of vacations are encouraged from September 12 to 13. Before the National Day holiday in October, it is encouraged to take another three days of vacation from October 5 to 7. This arrangement is mainly to create the greatest convenience for colleagues and take safe vacations. Regular shifts are encouraged, and colleagues in production line shifts are flexible based on the capacity adjustments of each production line.
In addition, in order to provide colleagues with free choices, they can choose to go to work for business considerations or adjust the number of vacation hours. It also emphasizes that special pre-payment leave is given over the law, so that colleagues can take pre-trial and arrange their own trips during this period without deducting personal salary. Qunchuang responded, "In this period of industry headwind, Qunchuang encourages colleagues to continue to stabilize their mentality at work, and engage in reading and learning, leisure activities and interests, etc.." He also expressed his belief that colleagues will maintain better productivity and efficiency at work after recharging in the future after recharging. Hong Jinyang, chairman of
Quanchuang, pointed out recently that the demand for laptops in the past has increased during the epidemic, and now it will undergo inventory adjustments in the second quarter. If the panel price falls below the cash cost, it is meaningless to do production and sales. Therefore, Qunchuang adjusted its capacity velocity rate in response to market conditions, and adjusted it to 70% or even 50% of the water level in the second quarter.
Director of the Labor Conditions and Employment Equality Department of the Ministry of Labor of Taiwan said that the announcement of Qunchuang's vacation, including unified vacation planning and deduction of leave, mentions of explosive vacation, special vacation, and compensatory vacation, which obviously violates the Labor Standards Law.
Regarding the content of the "Farewell Announcement" of Qunchuang, he said that first of all, Article 38 of the Labor Standards Law stipulates that special vacation days shall be scheduled by workers, but employers shall negotiate and adjust with other parties based on the urgent needs of the business or the workers due to personal factors. Huang Weichen said that the employer failed to coordinate with the labor force and made a one-sided announcement to stipulate special leave, which violated Article 38 of the Labor Standards Law.
In addition, Article 24 of the Labor Benchmark Law stipulates that if an employer extends the working hours of a worker, his salary for extending working hours shall be paid overtime. Huang Weichen said that workers should pay overtime pay, and unless the workers want to change the make-up leave, the employer should pay overtime pay. The vacation announcement of Qunchuang violates Article 24 of the Labor Standards Law. As for the part of the rest, Huang Weichen said that this part is quite special. After one case of one off, the 19-day holiday was changed to 12 days. Some public institutions gave workers another 7 days of flexible leave, but how to use the rest depends on the agreement between the labor and the capital.
Huang Weichen said that the content of Qunchuang's vacation announcement clearly violated Articles 24 and 38 of the Labor Benchmark Law. According to Article 79 of the Labor Benchmark Law, a fine of not less than 20,000 yuan and not more than 1 million yuan was imposed. In addition, because Qunchuang is a listed counter company, the Labor Benchmark Law targets listed counter companies and companies with capital amounts of more than 100 million yuan, and the aggravated penalty is less than 50,000 yuan and not more than 1 million yuan.
Huang Weichen said that since Qunchuang's vacation announcement mentioned September 12, 13, and October May, 6 and 7, because the time has not yet come, that is, Qunchuang can still take back this practice and make corrections. However, if the Ministry of Labor receives a report from the labor department, it will carry out labor inspections. During the labor inspection on the spot, it will issue a penalty based on the actual situation, including whether the illegal actions have been completed, etc.
As for Qunchuang pointed out that it is implemented to promote charging plans that encourage colleagues to take continuous leave, provide colleagues with free choices, and emphasize the statements that give special pre-giving dues over the laws. In this regard, Huang Weichen said that, first, it is "the time has not come", and second, it is the company's statement to the media, and it is another matter to see the content of the "Unified Leave Announcement" announced by the company. Whether to encourage employees to choose freely or force employees to "Unified Leave"? The Ministry of Labor will ask the local competent authority to actually go to the factory to clarify and understand.
Huang Weichen emphasized that special leave is arranged by the laborer, and the capital cannot force a leave one-sidedly. Overtime pay should be paid unless the laborer voluntarily exchanges for compensatory leave. As for the statement that Qunchuang emphasized that "special pre-payment" is given to the law, Huang Weichen said that the capitalist means that the labor leave is not enough, and the labor leave is taken first, and then deduct it next year, which does not comply with the relevant regulations, because different labor conditions are different. Some employees do not take a leave, some do not take a special leave, and some want to receive overtime pay, and do not take a makeshift, etc. If the capitalist does not ask about the workers' wishes, one-sided announcement of the "Uniform Leave Regulations" that requires the workers to follow suit, and employees will naturally worry and report to the outside world.
Huang Weichen said that once the Ministry of Labor finds out the illegal facts and issues a penalty according to law, it will announce the name of the illegal company and the name of the person in charge.
5, 6th and 7th, because the time has not yet come, that is, the group creation can still take back this practice and make corrections. However, if the Ministry of Labor receives a report from a labor force, it will carry out labor inspections. During the labor inspection on the spot, it will impose a penalty based on the actual situation, including whether the illegal actions have been completed, etc. As for Qunchuang, it pointed out that it is implemented to promote charging plans that encourage colleagues to take continuous leave, provide colleagues with free choices, and emphasizes the statements that give special pre-giving dues over the laws. In response, Huang Weichen said that, firstly, "the time has not come", and secondly, the company's statement to the media is one thing, and it is another thing for grassroots employees to see the content of the "Unified Leave Announcement" announced by the company. Whether to encourage employees to choose freely or force employees to "Unified Leave"? The Ministry of Labor will ask the local competent authority to actually go to the factory to clarify and understand. Huang Weichen emphasized that special leave is arranged by the laborer, and the capital cannot unilaterally force the leave. Overtime pay should be paid unless the laborer voluntarily exchanges for compensatory leave. As for the statement that Qunchuang emphasized that "special pre-payment" is given to the law, Huang Weichen said that the capitalist means that the labor leave is not enough, and the labor leave is taken first, and then deduct it next year, which does not comply with the relevant regulations, because different labor conditions are different. Some employees do not take off, some do not take off special leave, and some want to receive overtime pay, and do not take off compensatory leave. If the capitalist does not ask about the willingness of the laborer, one-sided announcement of the "Uniform Leave Regulations" that requires the laborer to follow, employees will naturally worry and report to the outside world. Huang Weichen said that once the Ministry of Labor finds out the illegal facts and issues a penalty according to law, it will announce the name of the illegal company and the name of the person in charge.
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