Work Exchange for Accommodation: The Overtime Compensation and the Labor Insurance Coverage
【Legal English Series 10：Work Exchange for Accommodation: The Overtime Compensation and the Labor Insurance Coverage】
Long time no see! After taking a break for a while, the joyful Legal English Series welcomes its final delightful piece of legal knowledge on the topic of work exchange for accommodation! Today, we'll be discussing the two most common disputes in work exchange. Let's get started!
💡Can overtime pay be demanded if the working hours exceed the agreed duration?
The maximum daily working hours for work-exchange workers can be negotiated with the employer, but the agreed daily working hours must not exceed 8 hours. If there are no agreed working hours, the maximum daily working hours are also 8 hours. If there is an agreement between the assistant and the employer regarding the daily working hours, the daily working hours limit will depend on the agreement between both parties. If overtime occurs, the employer must provide overtime pay or equivalent compensation according to the law. This differs from the regulations of the Labor Standards Act, where regular employees are only entitled to overtime pay if they work more than 8 hours in a day. For example, if both parties agree to work 6 hours a day, the employer must pay overtime starting from the 7th hour worked by the employee. In other words, even if the working hours do not exceed the legal limit of 8 hours, as long as they exceed the agreed hours, the employer must comply with the overtime pay regulations. Additionally, compliance with the "one fixed day off and one flexible rest day" policy is also required.
It is advisable to keep records of agreements on working hours and other related labor conditions, preferably in writing. For example, if an employer posts a job advertisement on Facebook stating that the maximum daily working hours are 6 hours, and a worker agrees to the conditions and applies, a contract is formed. The worker should screenshot and keep the evidence. Conversations in chat rooms regarding working hours, wages, promised transportation allowances, etc., should also be properly preserved. In the unfortunate event of a labor dispute leading to legal proceedings, having such evidence is crucial.
💡Are helpers entitled to labor insurance coverage?
For business units that employ only one staff member, they are required to enroll in both employment insurance and occupational accident insurance. They should declare participation in these insurances on the day the employee joins the company. However, regarding labor insurance, the Labor Standards Act stipulates that only companies with five or more employees are required to provide mandatory insurance coverage for their employees. Therefore, when the number of employees in lodging facilities falls below five, there is no obligation to provide mandatory labor insurance.
If there is concern about lacking coverage in case of accidents due to the absence of labor insurance, perhaps short-term helpers in lodging facilities can opt for travel insurance. However, it's important to note that the coverage period varies among insurance companies, and accidents that occur beyond the insurance period may not be compensated.
In the event of disputes between labor and management arising from part-time work in exchange for lodging, I suggest that workers seek mediation from local labor offices, labor departments, or social welfare offices (depending on the jurisdiction). They can also register online. Both employers and employees should actively fulfill their rights and obligations to prevent disputes and establish a healthy working environment.
🥳 The above are legal rights and related issues regarding part-time work in exchange for lodging, compiled by the EMI editorial team. Part-time work in exchange for lodging offers a different lifestyle, making summer more colorful and vibrant. However, it's important to understand your labor rights, avoid risks, and prevent unfair treatment. If your rights are compromised or disputes arise, proactively seek assistance from your local labor bureau!
Wishing everyone a successful and enriching experience in part-time work in exchange for lodging, creating unforgettable memories of youth!🏖️❤️🔥✨