Where the special statute speaks, the Civil Code cannot push a working condition under it. Where the Act is silent, §1 sends you to other law. Compensation and damages are two lines. This page joins articles. It does not say how your case comes out.
This is the public Chinese statute file from the national law database. The database itself says it compiles on Fridays, so a statute published this week usually arrives the next Friday. The date above is the one printed on that file.
Special statute first
第 30 條
第 四 章 工作時間、休息、休假
Ordinary hours are no more than eight a day and forty a week. Attendance must be recorded each day, down to the minute, kept five years, and a worker’s request for a copy may not be refused. A civil hire of services has no hour ceiling and no attendance record. An agreement that removes the eight hours or the duty to record points to §1(2) and Civil Code §71. The consent procedure for redistributed hours is in the later paragraphs of this article, not in the Civil Code.
Only the articles this crosswalk actually uses. The rest of the Civil Code is not a labor cross-reference. A few that are easy to misuse get one extra line.
Do not use it this wayIf the hirer is late in accepting the services, the worker need not make them up and may still claim remuneration, minus expenses saved or pay earned elsewhere. The Labor Standards Act does not say the same sentence. How wages are paid still follows §22 and §23. This article is not severance and not occupational compensation.
Do not use it this wayParagraph 2 allows either side to end an indefinite hire at any time. For an indefinite labor contract the Act covers, the employer does not end it under this paragraph. The employer uses §11 or §12. The worker uses §15, with the notice periods of §16 applied by reference.
Do not use it this wayA serious cause may end the hire before the term, and if one side’s fault created the cause the other may claim damages. Where the Act applies, this article is not a ground for ending the contract beside §11, and it does not go around the medical period and maternity period in §13.
Do not use it this wayA contract for work is one side finishing a defined piece of work and the other paying when it is finished. Calling the paper a contract for work is not enough to step outside the Labor Standards Act. This crosswalk does not classify a contract.
Do not use it this wayMandate is one side entrusting the other with affairs. A manager’s title, or a paper that says mandate, does not by itself keep the Labor Standards Act out. This crosswalk does not classify a contract.
Do not use it this wayIf a worker, in performing the job, unlawfully injures another person’s right, the hirer and the actor are jointly liable, subject to the proviso on care in selection and supervision. This is not occupational compensation under the Labor Standards Act, which has no matching article. Do not read it as the same sum as §59 or §62.
Do not use it this wayThe five-year short period covers interest, profit shares, rent, support, retirement payments, and other periodic payments of one year or less. Where the Labor Standards Act writes its own period, that period controls, for example retirement in §58 and occupational compensation in §61. Do not use this article to conclude first where wages, overtime, severance, or unpaid annual-leave wages fall.