劳工请假法律问题探讨——基于台湾地区劳动立法与学说的考察

Legal issue on labor asking for leave——An investigation of the theory on labor legislation in Taiwan Region

劳工请假属于劳动基准法的组成部分,也体现了雇主人性对待劳工之利益考量。劳工请假必须具有正当理由同时办理请假手续,并且不能超过法定期限,以避免劳工滥用权利。在劳工申请普通伤病假和生理假期间,雇主应当继续支付工资,同时不得以请假为名扣发全勤奖金,也不得扣发适逢放假期间的工资或另行扣发工资进行处罚。劳工请假期间届满有权请求复职或调职,雇主不得以劳工不能胜任工作或未办理请假手续为名随意终止劳动契约。

The issue on labor asking for leave is a part of the basic labor law, and a reflection of the employers＇ hommization in deal- ing with the employees＇ interests. Employees asking for leave should be based on justifiable causes and follow the required proce- dures. The period of the leave employee spends should not exceed the stipulatod duration. Otherwise, the employee may abuse his right. When the employee taking his days off is for his sick leave or menstruation leave, the employer should continuously pay wage to the employee and should not less favorably treat the employee on bonus for no-absence. Withholding the wage of the leave-taking period or the wage for other period as disciplinary penalty against the employee is not allowed. At the end of the period of the leave, employee has the right to ask to return to work or transfer. Employer should not terminate the employee on the excuse of incompe- tence or failing to follow the procedure of asking leave-taklng.