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2025.04.21|

Labor Day is a major annual holiday for workers. In order to celebrate the contribution of workers to society and the economy, in principle, workers are entitled to a holiday on that day, and in most countries, Labor Day falls on May 1, which is called International Labor Day, and in the United States and Canada, it is celebrated on the first Monday of September, and in New Zealand, it is celebrated on the fourth Monday of October. In neighboring Japan, a day of appreciation for hard work is set for November 23, and trade unions commonly refer to May 1 as May Day, when they organize activities related to the promotion of labor rights.  

5/1 Is there a Labor Day holiday? Who can take it off? 

Labor Day (May 1) is a national holiday for workers under the Labor Standards Law, but it is not applicable to all occupations. 

  • Who can take the holiday: Laborers regulated by the Labor Standards Law
  • Who can't: Laborers not regulated by the Labor Standards Law, such as public servants, military police, teachers, etc.

Can I take compensatory time off for working on Labor Day? What are the rules for compensatory leave? 

If a worker is required to work on Labor Day 5/1, the employer can choose between the following two compensation options:

  • Pay double wages
  • Arrange compensatory time off

Note! The rules of compensatory time off must be negotiated with the employees and the employer cannot unilaterally decide to take compensatory time off or not to take compensatory time off! 

What about Labor Day pay? Is there really double pay? 

According to Article 37 of the Labor Standards Law, Labor Day (May 1) is the day when workers should take a holiday (commonly known as a national holiday). 

📌 Example of wage calculation:

Assuming that a laborer with a monthly salary of NT$36,000 (based on NT$36,000 ÷ 30 days ÷ 8 hours, the hourly wage rate for a weekday is NT$150):

If a laborer is present on a national holiday, and he/she works for 8 hours or less. The employer shall pay 1 day's wage, i.e. $1,200, in addition to the original monthly wage (formula: 36,000/30=1,200). 

⚠️ Beware! It is illegal not to pay double wages! 

  • If an employer fails to pay wages due on Labor Day, the worker can report the case to the Department of Labor and the employer may face a fine. 
  • The penalty for non-compliance can be as high as $20,000 to $1,000,000, and workers can advocate for their rights! 

Labor Day FAQ Q&A: Salary, Vacation, and Complaints answered at once! 

Q1: What should I do if I don't get paid on Labor Day?
👉 You can report it to the Bureau of Labor Affairs or the Department of Labor, and the employer may be fined from $20,000 to $1 million. 

Q2: Do monthly and hourly paid employees also get double pay?
👉 Yes! Regardless of whether you are paid monthly or hourly, as long as you work on 5/1, you should receive double pay. 

Q3: What if my company doesn't take Labor Day off and doesn't pay me double time?
👉 This is a violation of the law, and you can file a complaint with the Labor Bureau to protect your rights! 

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