MOEL Interpretation

Labor Standards Act

"Women and Minors, Penalties


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1.For an employee working as a nutritionist in the company cafeteria, due to irregular working hours and difficulty in calculating actual working hours and various allowances, the company plans to introduce a comprehensive wage system that pays a fixed monthly wage for scheduled monthly work hours and concludes an employment contract accordingly. When drafting such an employment contract, if the contract explicitly states the following clause: “The employee (Party B) agrees not to demand any additional money such as bonuses or allowances beyond the agreed wage, and furthermore agrees not to file complaints, accusations, or reports requesting punishment to the Ministry of Labor or other investigative agencies, and even if the Ministry of Labor’s investigation finds wage arrears, the employee does not wish for punishment,” the following questions arise: If, during the wage payment process under this contract, the investigation by the Ministry of Labor or other investigative agencies finds that a crime under Article 112, Paragraph 1 of the Labor Standards Act [currently Article 109, Paragraph 2] is constituted, does the above special clause constitute a condition for the offense of non-prosecution with the victim’s consent as prescribed in the proviso of Article 112 of the Labor Standards Act? Is such a special agreement a valid prior agreement of non-prosecution before the establishment of a violation of the Labor Standards Act, and what are the grounds if such an agreement is considered invalid?


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