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Restatement of Indigenous Ceremonial Holiday Policy from Ministry of Labor (1 form)

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  • Modification Time: 2020/04/21 11:33:26
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The ceremonial and memorial festivals of Indigenous Peoples are the legal holidays for indigenous labors.

In accordance with provisions in Article 4 of Implementation Measures for Anniversaries and Festivals issued by the Ministry of the Interior, indigenous people shall be on holiday during the ceremonial and memorial festivals of the Indigenous Peoples. And the date of one-day-off shall be subject to the announcement of the Council of Indigenous of the Executive Yuan. Article 37 of the Labor Standard Act stipulates that the employer shall take holidays and paid for the ceremonial days and holidays designated by the Ministry of the Interior.

The workers with status of Indigenous Peoples can take a holiday on ceremonial and memorial festivals without asking for leaves. However, if the employer wants to confirm whether the worker is an indigenous people or a member of his or her ethnic group, the employer may request the worker to provide documents such as a household register transcript or a copy of the household register to prove his or her ethnic group.

The Ministry of Labor has reminded that “the ceremonial and memorial festivals” are statutory holidays for the indigenous labors. The indigenous labors shall be entitled to take holidays with salary. If the employer fails to grant leave or salary in accordance with the law, the name of the illegal institution will be published in addition to a fine of NT$20,000 to NT$1,000,000. If both the employee and the employer are still doubtful about the provisions of the ceremonial and memorial festivals of the Indigenous Peoples, they may further inquire with the competent labor administrative authority (labor bureau (office) of municipalities directly under the central government, counties and municipalities or social bureau (office) of the place where the institution is located.