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The current Minimum Wage Act applies to 'all businesses or workplaces that employ workers,' so the principle is that it applies to all workplaces employing one or more workers. Prior to the 2005 amendment, there was a special provision for young workers, under which those under 18 years old with less than 6 months of employment were paid 90% of the hourly minimum wage applicable to general workers as their hourly minimum wage. However, following the amendment of the Minimum Wage Act in May 2005, the minimum wage is fully applied to those under 18 years old as well. However, for probationary workers within 3 months from the start of their probationary employment, only 90% of the hourly minimum wage amount is applied. For workers engaged in supervisory or disciplinary labor as stipulated in Article 61, Item 3 of the Labor Standards Act, where the employer has obtained approval from the Minister of Employment and Labor, and for those whose mental or physical disabilities clearly and directly hinder their performance of the tasks they are to be assigned, the application of the minimum wage may be excluded. Article 6, Paragraph 4 of the Minimum Wage Act stipulates items excluded from the scope of regulation of the Minimum Wage Act, which serves as a standard for determining whether wages paid at a workplace violate the minimum wage when applying the minimum wage. In other words, only the items regulated by the Minimum Wage Act from the wages received by the worker are converted to an hourly rate and compared with the announced hourly minimum wage to determine whether there is a minimum wage violation. The wage items excluded from the minimum wage are specified in the Enforcement Rules of the Minimum Wage Act, which are similar to the scope of regular wages defined by the Ministry of Employment and Labor. The details are as follows: ① Wages or allowances explicitly stipulated as payment grounds in collective agreements, employment regulations, or labor contracts, or those paid customarily, and ② Wages or allowances paid regularly and uniformly at least once a month to prescribed work (in the case of piecework, total work) according to predetermined payment conditions and rates
are included, while allowances paid based on attendance performance, length of service, or other reasons over a period exceeding one month, allowances paid for temporary reasons, allowances with uncertain occurrence dates, annual leave allowances, overtime work allowances, paid holiday/vacation allowances, and other allowances of a living assistance or welfare nature are not included. Additionally, the minimum wage is not applied to those with significantly low work ability due to mental or physical disabilities, and among probationary workers, those who have received permission from the Minister of Employment and Labor.