Since January 1st, 2021, the 2019 Labor Code officially came into effect, and businesses need to amend their internal labor regulations to comply with the changes in this Code.
1. Three new items have been added to the Labor Regulations.
In addition to previously stipulated provisions such as working hours, rest periods; workplace order; occupational safety and hygiene… Clause 2 of Article 118 of the 2019 Labor Code also requires that the Internal Labor Regulations must include the following additional provisions:
"- Preventing and combating sexual harassment in the workplace; procedures for handling acts of sexual harassment in the workplace;
– Cases where an employee may be temporarily transferred to a different job than specified in their employment contract;
– The person authorized to handle labor disciplinary matters.”
2. Add National Day as a public holiday.
Regarding rest periods in the Labor Regulations, specifically public holidays, the enterprise must amend the number of days off for National Day (September 2nd) from 1 day to 2 days, as stipulated in point d, clause 1, Article 112 of the 2019 Labor Code.
3. Amend the regulations regarding overtime work.
Regarding working hours in the Internal Labor Regulations, the enterprise needs to amend the regulation on overtime hours to no more than 40 hours per month (previously only no more than 30 hours per month) as stipulated in point b, clause 2, Article 107 of the 2019 Labor Code.
4. Amend the content regarding paid leave for personal reasons.
Also, regarding rest periods in the labor regulations, one more case should be added where employees are entitled to 3 days of paid leave according to Clause 1, Article 115: when the employee's adoptive father, adoptive mother, or the adoptive mother of the employee's spouse dies.
5. Adding more cases where employees can be dismissed.
In addition to previously stipulated cases such as theft, embezzlement, gambling, and unauthorized absence from work for 5 days or more, the labor regulations should include one more case for dismissal: engaging in sexual harassment in the workplace.
The 2019 Labor Code stipulates: Employers must issue labor regulations; if they employ 10 or more workers, these regulations must be in writing.
Labor regulations must be communicated to employees, and the main contents must be posted in necessary locations at the workplace.