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Article 1
These regulations (hereinafter referred to as "the Regulations") are prescribed pursuant to Paragraph 3 of Article 12 of the Statute for Adjusted Support in Response to Trade Liberalization (hereinafter referred to as "the Statute").
Article 2
The competent authority set forth in the Regulations is the Ministry of Labor.
Article 3
The Regulations is applicable to citizens of the Republic of China (Taiwan) aged 15 years and older or has an education level of junior high school, or a foreign national or Mainland Chinese citizen married to a citizen of the Republic of China (Taiwan) and permitted to reside and work in Taiwan, who meet any of the following criteria:
1.The laborer works in an enterprise of the industries likely to be impacted by market access and need guidance in accordance with Article 7 of the Statute.
2.The laborer works in an enterprise of the industries that have been impacted by market access and need enhanced guidance in accordance with Article 7 of the Statute.
3.The laborer works in the damaged enterprises determined in accordance with Article 9 of the Statute.
4.They are part of the damaged laborer determined in accordance with Article 9 of the Regulations.
The laborer set forth in subparagraph 1 to 3 of the preceding paragraph shall refer to the employees in the enterprises or laborers that resigned within two (2) years without re-employment.
Article 4
The laborers applying for determination of damage in accordance with Paragraph 2 of Article 12 of the Statute shall comply with the following conditions:
1.The establishment and registration of the enterprise that the laborer worked for is at least two (2) years.
2.The enterprise has not been determined as a damaged enterprise and is engaging in the business of offering goods or services identical to or directly competing against goods or services of market access.
3.Within six (6) months prior to the application date, the laborer has had any of the following conditions:
(1)The enterprise that the laborer worked for decreased the laborer’s wages, while the monthly insurance salaries have been continuously reduced for more than two (2) months, with more than twenty (20) percent reduction to the monthly insurance salaries when compared to the average monthly insurance salaries over the preceding three (3) months.
(2)The enterprise that the laborer worked for has seen plant closure, suspension, dissolution or bankruptcy that caused the unemployment, or termination of the labor contract in accordance with Subparagraph 1 to 4 of Article 11 of the Labor Standards Act.
(3)The applicant terminated the labor contract in accordance with Subparagraph 5 or 6 of Paragraph 1 of Article 14 of the Labor Standards Act.
Article 5
For the laborers that meet the criteria set forth in the preceding Article, they may apply to public employment service institutions or the one-stop service counter established by the Ministry of Economic Affairs, R.O.C (Taiwan) (hereinafter referred as “the Handling Facilities”) within the period specified in Paragraph 1 of Article 9 of the Statute.
Article 6
The required documents of the laborers applying for a determination of damaged laborer are as follows:
1.Application form.
2.Identification documents.
3.Insurance policy datasheet of labor insurance, or the authorization letter for the inquiry conducted by the Handling Facilities.
4.The original copy of proof of employment or resignation.
Article 7
After accepting the application for determination of damaged laborer, the Handling Facilities shall forward the accepted applications to each of the regional branches of the Workforce Development Agency of the Ministry of Labor (hereinafter referred as “the Branches”) within five (5) days upon acceptance of the application.
The Branches shall complete the preliminary examination and data collection within thirty (30) days upon the required documents being completely furnished by the applicants, and shall submit them to the Ministry of Labor for the examination pursuant to Article 9 of the Regulations.
Article 8
The criteria for the determination of damaged laborers are as follows:
1.The absolute decline is identified in the comparison between the domestic monthly revenue within six (6) months prior to the application date and the revenue over the same period in the preceding fiscal year for the enterprise, and a more than ten (10) percent relative decline is also identified in the comparison between the average monthly revenue within six (6) months prior to the application date and the average monthly revenue over the preceding eighteen (18) months.
2.The decline of revenue for the enterprise described in the preceding subparagraph is associated with market access in the following causal factors:
(1)The enterprise is engaging in manufacturing and domestic revenue declined due to imported goods increasing from the contracting party of the free trade agreement or the unit price fell.
(2)The enterprise is a service provider and the domestic revenue declined due to increased imported services from the contracting party of the free trade agreement or the service price fell.
3.Any other damage caused by revenue decline for the enterprise due to market access.
Article 9
The determination of damaged laborers shall be examined by the review committees composed of the Ministry of Economic Affairs, the Ministry of Finance, the central competent authorities of the respective industries, the relevant employer associations, as well as labor unions, experts and scholars.
The decision of determination set forth in the preceding paragraph shall be made within two (2) months, whereupon the notification of determination of damaged laborers shall be issued.
The notification of determination of damaged laborer shall be valid for two (2) years; the notification shall be invalid upon the damaged laborer’s re-employment.
Article 10
Upon laborers being determined as damaged laborers, the public employment service institutions shall assist the laborers in applying for the measures of adjusted support according to the actual demand on a case by case basis.
Article 11
The laborers determined as damaged laborers pursuant to Subparagraph 2 and 3 of Paragraph 1 of Article 3 shall be applicable to Article 12 and 17.
Article 12
The measures of adjusted support for the industries needing guidance that the laborers may apply for are as follows:
1.Subsidization of vocational training programs.
2.Subsidization of the charges of technician skills certification.
3.Attending mental health lectures and the relevant labor support services.
4.Attending entrepreneurial skills and business management training programs.
5.Assistance with establishing a laborer and employer autonomous negotiation mechanism.
6.Any other measures of adjusted support announced by the Ministry of Labor.
Article 13
The measures of adjusted support for the industries needing guidance that the enterprises may apply for are as follows:
1.The enterprises set forth in Subparagraph 1 to 3 of Paragraph 1 of Article 3 may apply for assistance with conducting vocational training programs, subsidization of occupation redesign, and assistance with establishing a laborer and employer autonomous negotiation mechanism.
2.The enterprises set forth in Subparagraph 4 of Paragraph 1 of Article 3 may, in its employee’s interests, apply for subsidization of occupation redesign.
3.Any other measures of adjusted support announced by the Ministry of Labor.
Article 14
To enhance the employment skills of the laborers, the Ministry of Labor may conduct the following measures:
1.Subsidize the employees to attend vocational training programs; the directions of application are stipulated in Appendix 1.
2.Subsidize the employers in conducting vocational training programs; the directions of application are stipulated in Appendix 2.
3.Subsidize the unemployed laborers to attend vocational training programs; the directions of application are stipulated in Appendix 3.
Article 15
The laborers may apply for subsidization of the charges for technician skills certification; the directions of application are stipulated in Appendix 4.
Article 16
The enterprises may apply for subsidization of occupation redesign; the directions of application are stipulated in Appendix 5.
Article 17
The enhanced guidance and the measures of damaged adjusted support, which the laborers defined in Subparagraph 2 to 4 of Paragraph 1 of Article 3 may apply for, are as follows:
1.Employment Assistance:
(1)In-service education and re-adaptation allowance.
(2)Temporary job allowance.
(3)Job allowance for the Multi-Employment Promotion Program.
(4)Job seeker transportation subsidy, across area employment allowance, movement allowance and rent allowance.
2.Unemployment assistance:
(1) Living allowance for between-jobs.
(2) Re-employment incentive.
3.Start-up loan interest subsidy.
4.Training allowance.
5.Any other measures of adjusted support announced by the Ministry of Labor.
Article 18
The enhanced guidance and the measures of damaged adjusted support that the enterprises may apply for are as follows:
1.The enterprises set forth in Subparagraph 2 to 4 of Paragraph 1 of Article 3 may, in its employee’s interest, apply for an employee wage subsidy.
2.The enterprises hiring the unemployed laborers set forth in Subparagraph 2 to 4 of Paragraph 1 of Article 3 may apply for an incentive subsidy for hiring unemployed laborers.
3.Any other measures of adjusted support announced by the Ministry of Labor.
Article 19
The public employment service institutions may use the following measures of employment promotion to provide the unemployed laborers with employment assistance:
1.Referral for laborers to attend in-service education, and provision of an in-service education and re-adaptation allowance; the directions of application are stipulated in Appendix 6.
2.Referral for laborers to temporary jobs, and provision of a temporary job allowance; the directions of application are stipulated in Appendix 7.
3.Referral for laborers to participate in the Multi-Employment Promotion Program, and provision of a job allowance of the Multi-Employment Promotion Program; the directions of application are stipulated in Appendix 8.
4.Referral for laborers to seek jobs and employment across regions and provision of a job seeker transportation subsidy, across area employment allowance, movement allowance and rent allowance; the directions of application are stipulated in Appendix 9.
5.Assist laborers applying for a living allowance during between-jobs; the directions of application are stipulated in Appendix 10.
6.Assist laborers applying for a re-employment incentive subsidy if the laborers are re-employed prior to the expiration of the application period of the preceding subsidies or allowances; the directions of application are stipulated in Appendix 11.
Article 20
For laborers applying for a start-up loan interest subsidy, the directions of application are stipulated in Appendix 12.
Article 21
For laborers applying for a training allowance, the directions of application are stipulated in Appendix 13.
Article 22
For enterprises applying for an employee wage subsidy, the directions of application are stipulated in Appendix 14.
Article 23
For enterprises applying for an incentive subsidy for hiring unemployed laborers, the directions of application are stipulated in Appendix 15.
Article 24
The Ministry of Labor may appoint authorized agencies (organizations), entrust municipals or county (city) governments, or commission relevant institutions (organizations) or associations to conduct the operations of determination of damaged laborers and provision of adjusted support.
Article 25
Applications for the determination of damaged laborers, allowances or subsidies in accordance with the Regulations not conforming to the requirements of the directions, corrections may be submitted if applicable. The application will be construed as not submitted if the correction has not been re-submitted after being notified to make the correction within the designated period.
Article 26
If any of the following circumstances is identified by the Ministry of Labor or authorized agencies, the application for allowance or subsidy shall be rejected; or the allowance or subsidy shall be refunded in the case that the allowance or subsidy has been paid and thereafter been revoked or abolished.
1.The applicant has applied or received the allowance or subsidy through dishonest information, which have been verified.
2.Trying to evade, obstruct or refuse an inspection to the execution of the measures of adjusted support without justifiable reasons.
3.Any other circumstance violating the Regulations.
The request by the Ministry of Labor or authorized agencies for reimbursement set forth in the preceding paragraph shall be issued in a written administrative action, with the specific amount and deadline designated.
Article 27
The forms of documents prescribed in the Regulations shall be published by the Ministry of Labor.
Article 28
The source of budget of the Regulations shall be covered by the budget distributed by the Ministry of Labor and authorized agencies.
Article 29
The effective date of the Regulations shall be decided by the Ministry of Labor.
Web site:Laws & Regulations Database of The Republic of China