Lawyer Chen Youxin received a petition from a cleaner who worked in an online bookstore, Bloglai, saying that he and Bloglai had an employment relationship, but Bloglai did not pay severance pay or pension by signing a “contract”. The Taipei City Labor Bureau went to the labor inspection today and found that the blogger violated the three provisions of the Labor Standards Act. The minimum fine is 60,000 yuan and the maximum is 3 million yuan.
Although Bolai and the cleaning staff have reached a settlement, the Taipei City Labor Bureau still sent personnel to Bobo to carry out labor inspections today, confirming that Bolai and the cleaning staff are in an employment relationship and found violations of the law.
The Labor Bureau stated through a press release that in addition to being restricted in working hours and locations, the cleaning staff was also restricted by the contract, and the consumables used in the cleaning work were provided by the company, which was in line with the subordination of the employment relationship and represented the relationship between the two parties. Governed by the Labor Standards Act.
The Labor Bureau pointed out that during the labor inspection process, the blog reviewed the information provided by the blogger and found that the blogger did not prepare the labor name card, salary list, and did not grant special leave according to the laborer’s working experience, which violated Article 7 and Article 23 of the Labor Standards Law. Article 38 stipulates that administrative penalty procedures will be carried out.
The Labor Bureau stated that violations of these three regulations will result in fines ranging from NT$20,000 to NT$1 million, and the amount will be confirmed after giving bloggers an opportunity to explain their opinions and signing off; as for labor insurance, it will be handled separately by the Ministry of Labor. Send officers to inspect.
The Bureau of Labor appeals that bloggers should continue to hire workers in a legal manner in the future, and that all business units should not misuse or abuse contracts to avoid harming the rights and interests of workers. If workers have related problems, they can report them through the “HELLO TAIPEI Taipei Single Reporting System”. Ask for assistance.
Responsible editor: Yu Weining
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