Official Letter from the North Region Inspection Office of CLA Confirms the Multiple Illegalities of YFO!
(Notes from the editor: the Northern Region Inspection Office, Council of Labor Affairs on April 15, 2010 to YFOTU confirms the multiple illegalities of YFO and that the cases are on process according to different articles. We publicize this to make clear the untrue sayings in thisadvertisement and statement from YFO.)(Apologies that there's no Chinese version of the statement from YFO yet, we will translate and type it down later)
Official Letter from the Northern Region Inspection Office of the Council of Labor Affairs
Address: (100) No. 39, Lane 31, Shao-Xing North Street, Taipei
Person in Charge: Huang, Xi-Lin
Telephone Number: +886-2-23213511 ext.116
Date of Issued: 15, April, 2010
Number: Lao-Bei-Jian-Zhi No. 0991005535
To: Young Fast Optoelectronics Trade Union (YFOTU)
Address: 5F, No. 32, Jing-Jian 5th Road, Kuanyin Township, Taoyuan County
Reply regarding the violation of Labor Laws in Young Fast Optoelectronics in Taoyuan County as in the notes; please take care reading it.
1. Process according to the official letter Lao-Zi 1 No. 0990067824 from the Council of Labor Affairs on April 7, 2010.
2. We conducted a labor inspection to Young Fast Optoelectronics on April 7, 2010 and concluded the following results:
a. The company calculates the overtime payment in the basis of “base salary” without the bonuses and allowance listed in the payslips, which violates Arti-cle 24 of the Labor Standard Law;
b. Some of the workers have their overtime working for more than 46 hours in a month other than the regular working hours, which violates Item 2, Article 32 of the Labor Standard Law;
c. Some of the workers do not have a resting day every 7 days as the regular day off, which violates Article 36 of the Labor Standard Law;
d. (The company) does not hold the Labor-Management Conference regularly, which violates Article 18 of the Convocation Rules of the La-bor-Management Conference;
e. No child care facilities nor suitable child care measures was provided, which violates Item 1, Article 23 of the Gender Equality in Employment Act.
3. We have transferred points a, b, and c in the previous item to the Taoyuan County Government in another official letter and suggested the latter to punish the com-pany with administrative fines; for the other points in the previous item, we have informed the company and require for prescheduled rectification.
4. The Taoyuan County Government has confirmed that the company violates Article 47 of the Labor Standard Law on hiring child labor to work for more than 8 hours (in a day) on March 30, 2010; this case has been transferred to the Taoyuan Dis-trict Prosecutors’ Office.
5. Furthermore, it is a matter of labor dispute that the company dismissed some workers in the name of operation contraction or a particular worker is not able to perform satisfactorily the duties required and has been negotiated by the Taoyuan County Government.
To: National Federation of Independent Trade Unions (NAFITU), Young Fast Opto-electronics Trade Union (YFOTU)
CC: Council of Labor Affairs (CLA), Manufacturing Section in our Office.
(Translated from the original official letter in Chinese by Lennon Ying-Dah Wong.)