Chapter 1 General Provisions
This Regulations is promulgated according to Item 2 of Article 23 and Item 3 of Article 24 of the Employment Service Act (hereinafter as the Act).
This Regulations is applicable to the following subjects:
1. People is involuntary separation from employmen.
2. All those who lost their jobs stated in Paragraph 1 of Article 24 of the Act.
3. The consigned units for the employment of the people stated in Item 1 and Item 2.
Those stated in Item 1 and Item 2 shall possess work ability and willingness to work.
The employers referred to in Item 3 of Paragraph 1 are those private employment service institutions, employment promotion and related institutions (institutes) or groups consigned by the Central Competent Authority.
The groups referred to in the previous Paragraph are those who have establishments approved by the people’s group law or other laws and regulations. But they do not include political groups.
The people referred to in Item 1 or Item 2 of Paragraph 1, Article 2 with the following situations are not applied in this regulations:
1. Those who have received the old age insurance payment from the Civil Servants and Teachers Insurance or the old age payment from the Labor Insurance.
2. Those who have received military retirement pension or retirement payment of the public enterprises.
The foresaid personnel conforming to the social aide, low income household, or middle-/low-income household qualification who collect the middle-/low-income elderly living allowance or the physical/mental handicapped living allowance, are eligible under the measures.
The Central Competent Authority may take account of domestic economic development, residents’unemployment and budget utilization, among other circumstances, to offer the following employment promotion allowances:
1. Employment seeking transportation allowance
2. Temporary job allowance.
3. Living allowance during vocational training.
4. Interest allowance for business creation loan
5. Allowance for employment referral matchmaking.
The allowances mentioned in the previous Paragraph can be paid through consigned or contracted public employment service institutions or vocational training units.
The stoppage of allowances payment referred to in Paragraph 1 shall be publicly announced by the Central Competent Authority.
The people referred to in Item 1 and Item 2 of Paragraph 1, Article 2, who apply for the allowances referred to in Item 1 to Item 4 of Paragraph 1 of Article 4, shall present a copy of both sides of the National Identification Card, a form of consigned agreement for the inquiry of the Labor Insurance records, and the following documents:
1.Bears the family budget on one's own: copy of household certificate of one’s own and the dependent relative(s); copy of certificate of enrollment or document(s) proving the incapability of work of the dependent relative(s) shall be submitted if the relative(s) is aged from fifteen to sixty-five years old.
2.Disabled: copy of the disability card or identification.
3.Aboriginals: copy of the household certificate with remark stating the identity of aboriginal.
4.Family under living allowances: copy of low-income or near poor households certificate documents.
5.Women looking for re-employment: copy of document(s) proving that the end of the last employment is due to a familial factor.
6.Victims of domestic violence: copy of identity certificate of victim of domestic violence issued by the municipal, county, or city government, copy of protection order, or copy of the pertinent judgment.
7.Rehabilitated ex-convicts: copy of imprisonment certificate or other valid identity certificate.
8.People under an involuntary unemployment: copy of document proving the involuntary unemployment issued by the group insurance applicant, or by the municipal, county, or city government, or copy of other valid documents proving the mentioned fact.
9.Other documents required by the Central Competent Authority.
Chapter 2 Application And Reception Of The Allowances
Section 1 Allowances For The Employment Seeking Transportation
After the people referred to in Item 1 and Item 2 of Paragraph 1 of Article 2 have registered employment request in person at the public employment service institutions and the public employment service institutions have offered employment counseling and issued an employment referral card, then they may apply for the transportation allowance for employment seeking under any of the following situations:
1.The work place of the referred job is located farther than thirty kilometers from where the applicant lives.
2.The applicant belongs to a family under living allowances or is victim of domestic violence.
Those who apply for the allowance stated in Article 6, shall present the following documents:
1. The documents stated in Article 5
2. Receipts of the reception of allowance
3. Other documents required by the Central Competent Authority.
Allowance referred to in Article 6 is limited to NT $500 per person per request. For persons in special situations may receive the actual amount of transportation, but never exceeding NT $1,250 per request.
The aforementioned allowance is limited to four times per person per year.
Those who receive the allowances stated in Article 6 shall fill out, within seven days starting from the second day of employemnt referral, their interview results in referral employment reply card and send it back to public employment service institutions. Those who do not do so after the deadline shall receive no allowance for the rest of the same year.
Section 2 Temporary Job Allowance
After the public employment service institutions accept the employment request registration from the persons referred to in Item 1 and Item 2 of Paragraph 1 of Article 2, and provide employment counseling and employment referral, when any of the following circumstances arise, the public employment service institutions shall assign the applicant to a recruiting unit for a temporary job and shall pay the temporary job allowance:
1. Those cannot be employed by referral within fourteen days after the filing of the employment seeking registration.
2. Those have legitimate reasons not to accept referral job.
The aforementioned legitimate reasons refer to work compensation does not reach 60% of the original insured salary, or the working place is more than thirty kilometers away from where the applicant regularly lives.
The recruiting units referred to in Paragraph 1 are government institutions (institutes) or legally established and registered non-profit organizations, which provide a temporary work plan and being approved by the public employment service institutions. But precluding political organizations.
The recruiting units shall pay the temporary job allowance, and perform as a taxpayer to deduct the due taxes upon the payment of the allowance.
The recruiting units which apply for the allowance stated in Article 10 shall present the following documents:
1. Work log of the temporary work execution plan and the attendance log of the allowance recipients.
2. List of the reception of the allowance.
3. Temporary work plan execution report.
5. Other documents required by the Central Competent Authority.
Allowance payment standards described in Article 10 are the hourly minimum wage stipulated by the central competent authority,and the length of payment is one hundred and seventy-six hours per month at most，for a period no more than six months。
Recepients of the allowance referred to in Article 10, after public employment service institutitions have provided referral employment, shall fill out, within seven days starting from the second day of employemnt referral, their interview results in referral employment reply card and send it back to public employment service institutions. Those who do so within deadline shall be offered four or eight hours of job-seeking leave with pay on the date of interview.
The job-seeking leave with pay of the previous paragraph is limited to eight hours per week.
Application of absency for persons of Paragraph 1 shall follow the rules of the recruiting units; if the recruiting units do not have rules, the Labor Standards Law and the Workers’Absency Rules shall be followed. The number of absency days and job-seeking leave of Paragraph 1 shall be counted as temporary work period.
Public employment service institutions may implement casual inspection of the execution of the temporary work plan by sending staff to practice on-site supervision.
Shall one of the following situations arise in the recruiting unit, the plan shall be terminated:
1.Avoidance, obstruction or refusal of the supervision and check-up.
2.The recruiting unit which did not follow the temporary work plan referred to in Paragraph 3 of Article 10 or other relevant regulations in execution of the plan fails to make corrections after the deadline in a written notification.
3.Those violate related laws and regulations of labor and employment.
The employment promotion allowance granted to the recruiting unit shall be returned under a written notice issued by the public employment service institution, when the temporary work plan in the unit is terminated; the case will be referred to a branch office of Administrative Enforcement if the unit fails to return allowance before the deadline in the written notice.
Due to the termination of the temporary work plan, the temporary work staff affected by such termination may be assigned to other recruiting units to work on other temporary job assigned by public employment service institutions, and shall receive temporary work allowance.
The period of the job stated in the previous Paragraph shall be counted with the original temporary work period.
Those apply and receive the allowance referred to in Article 10 shall be revoked, abolished, stopped or not paid the temporary work allowance when one of the following situation arises:
1. Those receive the allowance have started working.
2. Those violate the order and regulations of the recruiting units and have being notified by the recruiting units to public employment service institutions to stop such temporary jobs.
3. After the termination of original temporary job, the persons refuse to accept other temporary jobs assigned by public employment service institutions.
4. Those refuse referral employment provided by public employment service institutions.
Recruiting units shall apply for the Labor Insurance and the National Health Insurance for the persons working in the temporary jobs; for those who cannot join the Labor Insurance regulated by the law, the recruiting units shall provide other life insurance or accident insurance.
Section 3 Living Allowance For Vocational Training
The persons referred to in Item 2 of Paragragh 1 of Article 2, after providing employment counseling and training referral by public employment service institutions, or being accepted by vocational training institutions, which may be a governmental agency or a training instutution consigned by the government, and their vocational training is a full day program in all sorts, then they may receiv the living allowance for vocational training.
The so called full day program of vocational training as referred to in the previous Paragraph shall meet the following requirements:
1. Training period is over one month
2. The weekly training over four days.
3. The daily training of over four hours in daytime.
4. The total training hours are over one hundred hours in a month.
Applying for the allowance referred to in Article 19 shall present the following documents, which shall be submitted to the training institutions within fifteen days after the starting of the training.
1. All the documents referred to in article 5.
2. Allowance application form.
3. Other documents required by the Central Competent Authority.
Allowance referred to in Article 18 will be paid by 60% of the basic salary monthly, with a maximum of six months. If the applicant were a disabled, the maximum period is twelve months.
Allowance referred to in Article 18 will calculate 30 days as one month, and the allowance is released at one month mark or longer; of the odd days exceeding the 30 day count, the allowance is released when reaching 10 days or longer will be processed according to the following rules:
1. The case of over 10 days and 30 training hours will be paid half a month.
2. The case of over 20 days and 60 training hours will be paid one month.
Those collecting the subsidies described in Article 18, when conforming to one of the following circumstances, shall have whose allowances revoked, abolished, suspended, or be forfeited of receiving the occupational training living allowances, where:
1. An individual has found employment during the subsidy-collecting period, or has intermittently withdrawn from the training, or has been dismissed by the training entity.
2. An individual who currently holds the identity described in Item 1 and Item 2, Paragraph 1, Article 2, but has failed to file for the occupational training living allowances per the Employment Insurance Act with priority as stipulated under Paragraph 2, Article 29.
Section 4 Interest Allowance For Business Creation Loan
Unemployed persons referred to in Item 2 of Paragraph 1 of Article 24 may apply to financial institutions for business creation loan provided by central government authority if they meet the following requirements and were approved for the loan:
1. The loan is limited to business creation and the business operation shall not include those situations that may affect the public health and moral, public safety or environmental hygiene.
2. The loan shall not be used in debt paying, re-investment, living expenses or property acquisition. But the equipment required for business creation is not limited.
3. The applicant shall be the person in charge of the new business, and has to be actually working in the business.
The financial institutions which make the loan may apply to the Central Competency Authority for the interest allowance for business creation loan.The foresaid loan interest rate is to heed to the postal saving two-year fixed savings floating interest rate plus the annual interest of 0.575 percent for calculating the floating interest rate, and the borrower’s loan interest in the first two years is subsidized by central government authorities at the full amount.
The loan period described in Paragraph 1 is set to seven years maximum.
The interest allowance referred to in Article 21 is limited to the amount of NT $1 million.
The lending financial institution may apply with competent central government authorities for the borrower’s startup loan interest allowances.
The borrower receiving the interest allowance, when conforming to one of the following situation arise, the interest allowance for the recipient shall be stopped or terminated:
1. Change of business or has another job during the time of reception of the allowance.
2. Who is not actually working in the created business.
3. Interruption, termination or undergone change of the director of the business created.
4. Pay for the loan.
5. Those who have violated any of the regulations referred to all Items of Paragraph 1 of Article 21
The amount of allowance before the termination of the interest allowance will be calculated proportionally according to the period.
The borrower receiving the interest allowance recipients shall report in writing to the financial institution within seven days after the occurrence of any event referred to all Items in Paragraph 1.
Section 5 Allowance For Employment Referral Matchmaking
Consigned units referred to in Item 3 of Paragraph 1 of Article 2 which meet the following requirements, shall apply to public employment service institutions for the employment referral matchmaking allowance.
1. Those who do not accept allowances related to the government employment promotion budgets, or who accept related allowancse of the employment promotion budget and have already met the execution performance results required by the allowance providers.
2. Referral employment of the persons referred to Item 1 and Item 2 of Paragraph 1 of Article 2 who are referaled by public employment service institutions and do not charge fees.
3. Referraled persons have been employed by the same employer at least three consecutive months, and their work hours have been over thirty two hours per week. But disabled have worked over twenty hours per week.
4. Referraled persons have been hired consecutively for three months by two or more employers, and their accumulated monthly wages are higher than the basic wage.
5. The units do not violate related regulations about wages and work hours of the Labor Standards Law.
The employers referred to in Item 3 and Item 4 of the Previous Paragraph include business units, groups, private schools or individuals.
Those apply for the allowance of Article 24 shall present the following documents:
1. Allowance application form
2. Copy of evidence document of employer’s legal establishment, or copy of both sides of the National Identification Card.
3. Employed Referral’s Payroll List, referral employment document and follow-up counseling records documents, which shall state the employed referral’s name, period of work and work hours.
4. Other documents required by the Central Competent Authority.
If those applications of the previous Paragraph were approved, they shall receive the allowance quarterly.
Applications for the allowance referred to in Article 24 shall be submitted within ninety days starting from the date of meeting requirements of application. For those who cannot submit their applications within specified period due to reasons that cannot be ascribed to applicants, shall apply in written for extention to public employement service institutions. The extention period is thirty days in maximum. And the extension is limited to once per year.
Allowance referred to in Article 24 shall be paid according to the number of referals being employed and the length of employment period, such standards are the following:
1. For those who have worked over three consecutive months but less than six months, the allowance is NT $5,000 per person.
2. For those who have worked over six consecutive months, the allowance will offer extra NT $5,000 per person.
3. If referaled persons were unemployed consecutively at least one year by the reasons referred to Item 1 or Item 2 of Paragraph 1 of Article 2, while they meet the standards of Item 1, then the allowance will offer extra NT $3,000 per person.
If the number of referaled persons who become employed in the previous Paragraph were expected performance under the project subsidized by government employment promotion budget, then the number shall be deducted.
Chapter 3 Restrictions In Application And Reception Of The Allowance
The personnel as described in Item 1 or Item 2, Paragraph 1, Article 2 who collect the interim working allowances per the measures, or the employment insurance for bridging employment implementation measures, and for allowances or aide of similar nature by government agencies are capped to six months in a combined two-year collection period.
Persons referred to in Item 2 of Paragraph 1 of Article 2 who collect the occupational training living allowance per the measures or the Employment Insurance Act, or for allowances or aide of similar nature by government agencies are capped to six months in a combined two-year collection period. However, the applicant, as a physical/mental handicapped, is capped to one year.
The foresaid personnel who also hold the identity as described in Item 1, Paragraph 1, Article 2, shall first collect the occupational training living allowance specified by the employment insurance act.
The persons referred to in the Paragraph 1, who are receiving the unemployment payment or the living allowance during vocational training according to the Employment Insurance Act, cannot apply for the allowance as referred to in Article 18.
The situation referred to in the previous Paragraph, after deducting the allowances that cannot receive simultaneously, the remnant living allowance during vocational training shall be processed according to Paragraph 2 of Article 20.
If the same business creation case had been receiving other interest allowances or subsidies for business creation loan of similar characteristics from government agencies, then it shall not receive the interest allowance for business creation loan of This Measure.
Consigned units shall not receive the allowance for employment referral matchmaking if they have one of the following situations:
1. Referaled persons are spouse of or have a lineal relation with the employer of the consigned units.
2. Hire self-referral persons.
Institutions or groups referred to in Item 3 of Paragraph 1 of Article 2, which have received other employment promotion subsidies or allowances of similar characteristics from government agencies, shall not use the same worker at the same time to receive duplicately the employment referral matchmaking allowance.
The entity issuing the employment promotion allowance may cancel or revoke the qualification to the allowance of those who do not satisfy the qualification to receive the allowance or who receive an excessive amount than whom is permitted to, and may demand return of the received amount by a written notice; the case will be referred to a branch office of Administrative Enforcement if the unit fails to return allowance before the deadline in the written notice.
When the unit collects the allowance by any unfaithful conduct and has its qualification revoked, the unit shall not apply for the allowances stipulated in this measure within two years since the day its qualification is revoked.
The Central Competent Authority, public employment service institutions or vocational training institutions may inspect the pertinent information and data when it is necessary in review of the execution of the employment promotion allowances, the recipients of the allowances shall not avoid, obstruct or refuse the inspection.
The entity issuing the employment promotion allowance may cancel or revoke qualification receiving the allowance of the recipient and demand return of the received amount by a written notice if the recipients violates the previous Paragraph; the case will be referred to a branch office of Administrative Enforcement if the unit fails to return allowance before the deadline in the written notice.
Chapter 4 Complimentary Provisions
Forms and documents regulated in This Regulations shall be set up separately by the Central Competent Authority.
The consigned period, qualification and processing procedures of the consigned units referred to in Paragraph 3 of Article 2 will be publicly announced by the Central Competent Authority.
Budget required for This Regulations will be appropriated from the Employment Stablization Funds.
The Regulations shall take effect on the day of promulgation.
The Regulations as amended on January 14, 2011, shall become effective on January 1, 2011.
The Regulations as amended on January 6, 2012, shall become effective on January 1, 2012.
The Regulations as amended on February 22, 2013, shall become effective on January 1, 2013.