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Application of Labor Standards Act for Academia Sinica Contract-based Employees

Application of Labor Standards Act for Academia Sinica Contract-based Employees. Dr. Chau-Chung Han Institute of Atomic and Molecular Sciences 2009/8/13. Outline. 1 、 Labor Standards Act 2 、 Vacations 3 、 Miscellaneous Authorized Absences 4 、 Termination of Contract 5 、 Severance Fee

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Application of Labor Standards Act for Academia Sinica Contract-based Employees

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  1. Application ofLabor Standards Act for Academia Sinica Contract-based Employees Dr. Chau-Chung Han Institute of Atomic and Molecular Sciences 2009/8/13

  2. Outline 1、Labor Standards Act 2、Vacations 3、Miscellaneous Authorized Absences 4、Termination of Contract 5、Severance Fee 6、Retirement 7、Final Remarks 8、Questions

  3. 1.、Labor Standards Act • According to the Council of Labor Affairs’ No. 0960130914 announcement published on November 30, 2007, the A. S. is under the power of the Labor Standards Act (hereinafter referred to as “the Act”) as of January 1, 2008. • All contract-based employees under non-personnel fees are covered by the Act.

  4. 2、Vacations ◎Where the current regulations adopted by the Academy containing more favorable terms than those provided in the Act are preserved. ※ 7 Days : Has served a complete fiscal year, the leave is effective from the 2nd year. ※14 Days : Has served for 3 fiscal yeas, increase of leave length is effective from the 4th year. (vs. 6th yr.) ※21 Days : Has served for 6 fiscal years, increase of leave length is effective from the 7th year. (vs. 18th yr.) ※28 Days : Has served fro 9 fiscal years, increase of leave length is effective from the 10th year. (vs. 25th yr.) ※30 Days : Has served for 14 fiscal years, increase of leave length is effective from the 15th year.(vs. 27th yr.)

  5. 3、Miscellaneous Authorized Absences (1)

  6. 3、Miscellaneous Authorized Absences (2)

  7. 4、Termination of Contract (1) Voluntary Job Quit ※Voluntary Quit ※Voluntary retirement ※Paragraph 1 of Article 14 of the Act

  8. 4、 Termination of Contract (2) ※Employer’s Suspension ＊Severance（ Article 11 of the Act） ＊Lay Off （ Article 12 of the Act） ＊Mandatory Retirement （ Article 54 of the Act）

  9. 4、 Termination of Contract (3) ※Terminate Employment Agreement（Article 16 of the Act ) The minimum period of advance notice ＊3 months to 1 year : 10 days ＊1 year to 3 years : 20 days ＊3 years above: 30 days

  10. 5、Severance Fee

  11. 6、Retirement (1) Foreign Contract-based Employee： A、Requirement for Applying Retirement: ※1. An employee may apply for voluntary retirement under either of the following conditions (Article 53 of the Act): (1) Where the employee attains the age of 55 and has worked for 15 years. (2) Where the employee has worked for more than 25 years. (3) Where the employee attains the age of 60 and has worked for 10 years. ※2. An employer may force a worker to retire under either of the following conditions (Article 54 of the Act): (1) Where the worker attains the age of 65. (2) Where the worker is unable to perform his duties due to mental handicap or physical disability. ※3. Seniority shall be limited to years of employment by the same business entity. B、Reserve Fund of Retirement Payment: ※Academy had to follow the Act to start the contributions to the labor retirement reserve fund dating back to January 1, 2008.

  12. 6、Retirement (2) C、Calculation of base unit ＊ Article 55 of the Act A lump-sum payment of retirement payments equal to two base units shall be paid for each year of service, provided that each year of service exceeding fifteen years shall be entitled to only one unit of base wage, and that the maximum shall be forty-five units. Any fraction of a year which is equal to or more than six months shall be counted as one year of service, and any fraction of a year which is less than six months shall be counted as half a year of service. D、Claim of Retirement Payment An employee who meets the retirement requirement may file an application with the Academy for payment of retirement pension. The right of an employee to claim retirement payment shall not be recognized if not exercised within five years from the month following the effective date of retirement

  13. 7、Final Remarks AS has a very different nature from other organizations that fit the Labor Standards Act, and immense increase in personnel budgets will adversely affect budget allocation to research once AS is subjected to the Act. AS had made every possible efforts to exclude itself from the reign of the Act (i.e., continue to apply the original regulation prior to January 1, 2008) by asserting Paragraph 3 of Article 3 “…The Act shall apply to all forms of employee-employer relationships. However, this principle shall not apply, if it is discovered that the application of the Act will genuinely cause undue hardship to the business entities involved due to the factors relating to the types of management, the administration system and the characteristic of work involved and if it belongs to the lines of business or work designated and publicly declared by the Central Competent Authority.…” AS’s petition was rejected multiple time by the Council of Labor Affairs; even the ROC President could not help to push our petition through. While the long-term negative impact on the AS is beyond description, the law is law …

  14. 8、Questions To ensure that you get an accurate, professional answer, please use the question sheet to describe your questions and we will answer your questions by e-mail and a collective Q&A data base will be posted on the webpage so you can also see other questions raised by the audience. Further contacts: Miss Alice Wang @ 2789 9427

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