How is the duration for annual bonuses being calculated?
1. According to Article 29 of the Labor Standards Act, “after the closing of books of account at the end of the business year, a business entity shall, after paying taxes, covering losses for the previous year and setting aside stock dividends and legal reserves, pay allowances or bonus out of the balance of net profits, if any, to workers who have worked the entire preceding year without committing fault and misconduct”. A “business year” starts from January 1 and ends on December 31.starts 1 January ending in 31 December.
2. According to Article 5 of the Enforcement Rules of the Labor Standards Act , in calculating the seniority of a worker, the seniority is limited to the years serving in the same business entity from the day the worker was employed. As for Article 24, paragraph 3 of the Act states where annual paid leave have not been taken because of the end of the calendar year or the termination of contract, the employer shall pay wages for the days on which such days of leave should have been but were not taken. The so-called“calendar year" is calculated from January 1 to December 31; only if business entities need to incorporate with its accounting calendar year, shall it be adjusted accordingly.
Contact division/office:Labor Standards Division Case Officer
Phone:1999 extensions 7015-7019, 3325 & 3327