THE EMPLOYMENT SECURITY FUND (hereinafter referred to as "The Fund") is enacted for the purpose of reinforcing the processes of all the issues related to the employment promotion, the improvement of the welfare for workers and the management of the employment of foreign workers. These regulations are promulgated in accordance with article 21 of the Budget Act.
The Fund is a Special Fund as stipulated under the Subparagraph 2, Paragraph 1, Article 4 of the Budget Act; being a subordinate unit budget and compiling budget accordingly; covering subordinate units budget including Labor Rights Fund, being subordinate unit budget and compiling sub-budget accordingly; Ministry of Labor (hereinafter referred to as "the MOL") acts as the Competent Authority.
The Fund originates from the following resources:
1. Income of the employment security fees.
2. Interest accrued from the Fund.
3. Income of the Labor Rights Fund.
4. Other related incomes.
The Labor Rights Fund aforementioned in Subparagraph 3 originates from the following resources:
1. Remaining amounts in the Labor Rights Fund (account).
2. Remunerations provided by the government pursuant to the budget plan.
3. Interest accrued from the Labor Rights Fund.
5. Other related incomes.
The purposes of the Fund are as follows:
1. To reinforce the implementation of the vocational training and the provision of the relevant employment service information.
2. To reinforce the implementation of the employment security and the employment promotion, among other relevant issues.
3. To process the business start-up loans.
4. To process unemployment assistance and unemployment insurance planning.
5. To process the subsidies and allowances for those employers who promote employment security issues.
6. To process issues related to the improvement of the welfare for workers.
7. To process the related issues on the hiring and management of foreign workers.
8. To process the issues related to the skills certification, skill competitions and employment placements.
9. To subsidize Municipal City and County (City) authorities to process all the issues related to the employment promotion, vocational training and the management of aliens working in the territories of the Republic of China.
10. The expenditures of the Labor Rights Fund.
11. The expenditures of the management and administration.
12. All other related expenditures.
The Municipal City and County (City) authorities shall present budget plan with match funds when applying therefore in accordance with the aforementioned Subparagraph 9.
The regulations for the subsidy mentioned in Subparagraph 9, Paragraph 1 shall be separately set and promulgate by the Competent Authority.
The Labor Rights Fund in accordance with subparagraph 10 of the Paragraph 1 is designed for the following purposes:
1.Legal aid in labor litigations.
2.The required living expenses during the labor litigations.
3.All other related aids in the protections and supports of the labor rights.
The elements of profitability and security shall be taken into consideration when safeguard and utilize the Fund. The provisions under National Treasury Act and all other relevant regulations shall also be applicable in the deposit of the Fund.
The Fund may invest in purchasing government bonds, national treasury bonds or other short-term stocks and bonds to meet the needs of its operation.
The Fund shall set up a Management Committee (hereinafter referred to as the Committee) , composed of 19 to 29 members, with a term of 2 years; Minister of MOL shall chair the Committee; MOL shall appoint other committee members from the following persons:
1. One representative from Department of the Interior, Health and Welfare, and Labor, Executive Yuan.
2. Two representatives from Ministry of Labor.
3. One representative from Ministry of Finance.
4. One representative from Ministry of Economic Affairs.
5. One representative from Directorate-General of Budget, Accounting and Statistics of the Executive Yuan.
6. One representative from National Development Council , Executive Yuan.
7. Three representatives from the Municipal City or County (City) Authorities.
8. Two to five representatives from the labor trade unions.
9. Two to five representatives from the employers groups.
10. Four to eight experts and intellectuals.
All the members of the Committee are pro bono services.
The missions and tasks of the Committee are as follows:
1. Determining the amount of the Employment Security Fees.
2. Supervising the Revenues and Expenditures, Safeguard and Utilization of the Fund and its subordinate Fund.
3. Supervising and determining the Annual Budget and Final Accounting Statements of the Fund and its subordinate Fund.
4. Auditing the execution of the Fund Management and its subordinate Fund.
5. Other related matters.
The Ministry of Labor shall appoint one Officer, in addition to his/her original official position, to take the position as the Executive Secretary of the Committee to execute the resolutions decided by the Committee and to handle daily routines under the commands of the Chairperson; all necessary staffs of the Committee shall be assigned to take that position by the Ministry from the incumbent officers of the Workforce Development Agency; when deemed necessary, the Ministry may hire eight to fifteen persons as the staff members of the Committee.
The Committee shall meet once every three months. Ad hoc Meetings may be held when necessary. The Chairperson of the Committee shall convene the meetings, regular or ad hoc. In case the Chairperson cannot preside the meeting, shall assign a committee member to convene the meeting.
The quorum of Committee for any meetings shall be over half of the total Committee Members. It takes a simple majority of the Committee Members present in the Committee Meetings to reach a resolution.
When deemed necessary, the Committee may invite the appropriate Municipal City or County (City) authorities to sent representatives to attend the Committee Meeting.
The planning, compilation and the final accounting related to the budget of the Fund and the preparation of the Final Financial Statements thereof, shall be governed by the regulations of the Budget Act, Accounting Act, Final Financial Statements Act, Audit Act and all other related regulations and directions.
The Committee shall promulgate its own accounting system regulating the conduct of the accounting affairs of the Fund in accordance with the laws and regulations.
Should there be surplus resulting from the execution of the yearly budget of the Fund after the final accounting, the surplus shall be distributed in accordance with the related regulations.
At the time the Fund is terminated, a final balance shall be settled; any and all the residuals shall be turned over to the National Treasury.
The regulations came into effect upon promulgation, with the exception of the amendment to the article, which was amended and promulgated on April 29, 2010 and have been effective since January 1, 2010. And the exception of the amendment to the article, which was amended and promulgated on December 9, 2010 and have been effective since January 1, 2011. And the exception of the amendment to the articles three to five and article nine, which were amended and promulgated on January 20, 2014, and have been effective since January 1, 2014.