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Title: Middle-aged and Elderly Employment PromotionAct CH
Announced Date: 2019-12-04
Category: Ministry of Labor(勞動部)
Chapter 1 General Provisions
Article 1
The Act is primarily enacted to implement decent work, enhancethe labor participation of the Senior and Middle-Aged Persons, promote the Re-Employment of the Elders, protect economic security, encourage the cooperation between generations and the inheritance of experience, protect the employment rights and interests of the Senior and Middle-Aged Persons and the Elders, construct a friendly employment environment and improve the utilization of human resources.
The matters regarding the employment of the Senior and Middle-Aged Persons and the Elders shall be governed by the Act; matters not specified in the Act shall be governed by the Labor Standards Act, Act of Gender Equality in Employment, Employment Service Act, Occupational Safety and Health Act, Employment Insurance Act, Vocational Training Act and other relevant laws.
Article 2
The competent authority specified in the Act shall be the Ministry of Labor at the central government level, the municipal city governments at the municipal level, and the county (city) governmentsat the county (city) level.
Article 3
The terms used in the Act are defined as follows:
1. “Senior and Middle-Aged Persons”: means the persons at the age of forty-five to sixty-five.
2. “Elders”: means the persons at the age over sixty-five.
3. “Employee”: means the personemployed by the Employer to work withsalary.
4. “Job Applicant”: means the person applying for job to the Employer.
5. “Employer”: means the person or the public or private institution or agency employing the Employee. The person exercising the right of management on behalf of the Employer or handling the matters relating to the Employee on behalf of the Employer shall be deemed the Employer.
Article 4
The Act applies to any of the following persons fully reaching forty-five years old:
1. The citizens of the Republic of China.
2. The foreigners, people of the mainland China area, residents of Hong Kong or Macao who have been permitted to stay in the Taiwan area and have marriage with the citizenswith registered household in the territory of the Republic of China.
3. The foreigners, people of the mainland China area, residents of Hong Kong or Macao specified in the preceding sub-paragraph who are still permitted to stay in the Taiwan area for work pursuant to laws and regulations, even though divorced with their spouses or his/her spouses are deceased,
Article 5
The Employer shall assist in enhancingprofessional knowledge and ability, adjusting position or improvingworking facilities,and providing a friendly employment environment according to the needs of the Senior and Middle-Aged Persons and the Elders employed by the Employer.
Article 6
In order to promote the employment of the Senior and Middle-Aged Persons and the Elders, the central competent authority shall collect the information relating to the employment status of the Senior and Middle-Aged Persons and the Elders, carry out the investigation or research relating to the evaluation on the service of supply and demand, workplace health, occupational disaster, etc., and further conduct the gender analysis. The result of such investigation and research shall be publicized periodically.
Article 7
The central competent authority shall consult the central competent authorities in charge of relevant businesses and the local competent authorities to makethe plans for the employment of the Senior and Middle-Aged Persons and the Elders at least every three years.
The local competent authorities shall promote the employment of the Senior and Middle-Aged Persons and the Elders by connecting to the industry characteristics of their jurisdiction according to the employment plans specified in the preceding paragraph.
Article 8
The competent authority may retain the representatives of the Employees, Employers, scholars, expertsand government agencies to review and consult the matters regarding the rights and interests of the employment of the Senior and Middle-Aged Persons and the Elders. The representatives of the Employees, Employers, scholars and experts shall not be less than one-half of the aforementioned representatives retained by the competent authority.
Any single gender, the Senior and Middle-Aged Persons and the Elders shall not be less than one-third of the representatives specified in the preceding paragraph.
Article 9
To assist in the employment of the Senior and Middle-Aged Persons and the Elders, the competent authority may provide a workplace guidance manual.
Article 10
To pass down the wisdom and experience of the Senior and Middle-Aged Persons and the Elders and create the harmony between generations, the competent authority shall extend the interactions between generations, and support the Employers to promotethe cooperation between generations.
Article 11
The competent authority shall promote the international interactions and cooperation of the employment of the Senior and Middle-Aged Persons and the Elders.
Chapter 2 Prohibition of Age Discrimination
Article 12
The Employer shall not impose differential treatment on the Senior and Middle-Aged Persons and the Elders who are applying for jobs or under employment based on their age.
The term “differential treatment” used in the preceding paragraphshall refer to the direct or indirect unfavorable treatments of the following matters imposed by the Employer on the Job Applicants or the Employeesbased on their age:
1. Recruitment, screeningtest, employment, assignment, staffing, performance evaluation or promotion, etc.
2. Education, training or other similar activities.
3. Payment of wages or the welfare of all kinds.
4. Retirement, leave with severance pay, employment termination and discharge.
Article 13
The “differential treatment” specified in the preceding Article caused by any of the following situations is not restricted by the first paragraph of the preceding Article:
1. Imposing particular restrictions or regulations on age based on the requirements or special features of the job.
2. Paying wages based on seniority, reward and punishment, performance or other justifiable reasons other than age.
3. Imposing restrictions on the age for employment or retirement pursuant to other laws and regulations.
4. Taking relevant measures of employment or assistance to improve the employment of the persons of particular ages pursuant to the Act or other laws and regulations.
Article 14
After any of the Senior and Middle-Aged Persons and the Elderswho is applying for job or under employmenthas specified the facts of the differential treatment, the Employer shall be liable for proving that the differential treatmentis not based on age or is caused by any of the situations specified in the preceding Article.
Article 15
If any of the Senior and Middle-Aged Persons and the Elderswho is applying for job or under employment finds that the Employer breaches the first paragraph of Article 12, he/she may file a complaint with the local competent authority.
After the local competent authority receives the complaint specified in the preceding paragraph, the Employment Discrimination Review Committee constituted pursuant to the Employment Service Act and relevant regulations will carry out the judgment of age discrimination.
Article 16
Employer shall not discharge, transfer the position of or impose any other unfavorable disposition on any of the Senior and Middle-Aged Persons and the Elders employed by the Employer for the reason that he/she has filed a complaint or has assisted another person in filing a complaint pursuant to the Act.
Article 17
If any of the Senior and Middle-Aged Persons and the Elders who is applying for job or under employment has suffered damage caused by anysituation specified in the first paragraph of Article 12, his/her Employer shall be liable for all and any compensation of resulted therefrom.
The claim for compensation of damages specified in the preceding paragraph shall be extinguished if not exercised within two years from the time at which the person who is entitled to the claim knows the damage and the person who is liable for the compensation. The same shall apply if ten years have elapsed since the concerned breach was committed.
Chapter 3 Measures for Employment Stability
Article 18
For the needs of operational development and the stay employment stability, the Employer may carry out or authorize someone to carry out vocational trainings for the Senior and Middle-Aged Persons and the Elders employed by the Employer, or assign them to participate in relevant vocational trainings.
With respect to the vocational trainings carried out by the Employer according to the preceding paragraph, the central competent authority may subsidize the training fees and provide counseling and assistance for the trainings.
Article 19
For the Senior and Middle-Aged Persons and the Elders employed by the Employer who have working disabilities or whose family member needs long-term care, the Employer may furthercarry out job accommodationor provide assistive occupational devices to meet their needs, or make referrals to them for the appropriate resources of long-term care services.
With respect to the job accommodation or assistive occupational devices provided by the Employer according to the preceding paragraph, the competent authority may provide counseling or subsidization.
Article 20
To encourage the Senior and Middle-Aged Persons and the Elders employed by the Employer to pass down their skills and experience and improve the cooperation between generations, the Employer may adopt the division of a work to be done by the means of cooperation.
The Employer shall not impair the original employment conditions of the Employees when carrying out the matters specified in the preceding paragraph for the employment stability of the Employees.
With respect to the matters carried out by the Employer according to the first paragraph, the competent authority may provide counseling or encouragement.
Article 21
If the Employer continues to employ the Employees who may be forced to retire pursuant to subparagraph 1, paragraph 1 of Article 54 of the Labor Standards Act at a certain ratio and for a certain period, the central competent authority may provide subsidization.
Article 22
The qualifications and conditions, items, methods, period, termination, funding sources and other relevant matters regarding the application for the subsidization and encouragement specified in the preceding four Articles shall be determined by the central competent authority.
Chapter 4 Enhancement of Employment of Unemployed Persons
Article 23
To assist in the employment of the Senior and Middle-Aged Persons and the Elders,the public employment service institutions shall provide individualized employment services and relevant employment information such as career counseling, employment counseling and job referral based on the abilities and needs of the Senior and Middle-Aged Persons and the Elders.
Article 24
To improve the working skills of the Senior and Middle-Aged Persons and the Elders and enhance their employment, the central competent authority shall carry out vocational trainings.
The Employer may carry out or authorize someone to carry out the vocational trainings for the unemployed Senior and Middle-Aged Persons and the Eldersaccording to the labor force demanded by the employer.
With respect to the vocational trainings carried out by the Employer under the preceding paragraph, the central competent authority may subsidize the training fees.
Article 25
To assist the Senior and Middle-Aged Persons and the Elders in launching a business or launching a business with the youths, the competent authority may take measures such as providingentrepreneurial counseling and assistance, entrepreneurial lessons and loan interest subsidies for business start-up.
Article 26
The competent authority shall assist the unemployed Senior and Middle-Aged Persons and the Elders in employment and provide relevant employment assistance and measures, and may provide relevant allowance, subsidization or encouragement.
Article 27
The qualifications and conditions, items, methods, period, termination, funding sources and other relevant matters regarding the application for the subsidization, interest subsidies, allowances or encouragement specified in the preceding three Articles shall be determined by the central competent authority.
Chapter 5 Support in Re-Employment after Retirement
Article 28
The Employer may employ the labor at the age of sixty-five or more by the employment agreement with fixed duration.
Article 29
The Employer may provide relevant assistance and measures regarding the preparation, adjustment and re-employment for retirement to the Senior and Middle-Aged Persons employed by the Employer in the year previous to the year in which the forced retirement may be initiated pursuant to subparagraph 1 of paragraph 1 of Article 54 of the Labor Standards Act.
With respect to the matters carried out by the Employer according to the preceding paragraph, the central competent authority may provide subsidization.
Article 30
If the Employer employs the Elders who have been retired pursuant to laws to passdown their professional skills and experience, the central competent authority may provide subsidization.
Article 31
The qualifications and conditions, items, methods, period, termination, funding sources and other relevant matters regarding the application for the subsidization specified in the preceding two Articles shall be determined by the central competent authority.
Article 32
To provide relevant information regardingthe retired Senior and Middle-Aged Persons and the Eldersavailable for inquiry and improve the re-utilization of retired human resources, the central competent authority shall establish the database of retired talents and update it periodically.
The use of the database of retired talents shall comply with the Personal Information Protection Act.
Chapter 6 Promotion of Services Provided by Senior Talents
Article 33
To promote the employment of the Senior and Middle-Aged Persons and the Elders who have been retired pursuant to laws or who have reached the age of fifty-five, the central competent authority shall carry out the following matters, and may appoint or authorize relevant authorities (institutions) or groups to launch the following matters if necessary:
1. Investigation on the supply and demand of the regional marketforthe employment of senior persons.
2. Trial running and promotion of the creative service modelswith respect to the utilization of the human resources of senior persons.
3. Promotion and counseling of delayed retirement, friendly workplace and the cooperation between generations.
4. Training of the professional knowledge and skills of the service staffs of employment promotion.
5. Counseling and assistance of the matters with respect to the work of the service locations for senior talents.
Article 34
The local competent authority may set up the service locations for senior talents to carry out the following matters:
1. Developing employment opportunities and employment matching of the temporary, seasonal, short-term or part-time jobs or community services.
2. Providing counseling services with respect to labor laws and regulations and career development.
3. Arranging activities for employment promotion and training lessons.
4. Encouraging the Employers to employ professional senior talents to pass down their skills and experience.
5. Promoting the interactions and cooperation between generations.
With respect to the services to be carried out by the local competent authority specified in the preceding paragraph, the central competent authority may provide subsidization. The qualifications and conditions, items, methods, period, termination, funding sources and other relevant matters regarding the application therefor shall be determined by the central competent authority.
Article 35
The local competent authority shall submit the implementation result report of the service locations for senior talents to the central competent authority periodically.
The central competent authority shall supervise and assess the launch of the service locations for senior talents carried out by the local competent authority.
Chapter 7 Creation of Employment Opportunities
Article 36
To meet the needs of the industry development of the country, the central competent authority may consult the central competent authorities in charge of relevant businesses for the cooperationto jointly create the employment opportunities for the Senior and Middle-Aged Persons and the Elders.
Article 37
The public employment service institutions shall regularly collect, organize and analyze the information with respect to the distribution of the industriesand the professional jobs that the Senior and Middle-Aged Persons and the Elders are in their jurisdictional regions, alteration of wages, supply and demand of human resources and future prospects periodically.
The public employment service institutions shallset the plan for the creation of the employment opportunities for the Senior and Middle-Aged Persons and the Eldersaccording to the result of the investigationspecified in the preceding paragraph.
Article 38
To assist the Senior and Middle-Aged Persons and the Elders in employment or re-employment, the public employment service institutions shall create appropriate employment opportunities and publicize them on relevant websites of the Ministry of Labor.
Article 39
To assist the Employer in employing the Senior and Middle-Aged Persons and the Elders,the competent authority may provide relevant guidance for the utilization of human resources, job re-accommodation and other necessary measures.
Article 40
The competent authority may provide incentives to the one who has made outstanding contribution to the promotion of the employment of the Senior and Middle-Aged Persons and the Elders.
The qualifications and conditions, items, methods, period, termination, funding sources and other relevant matters regarding the application for the incentives specified in the preceding paragraph shall be determined by the central competent authority.
Chapter 8 Penal Provisions
Article 41
Anyone who violates Paragraph 1 of Article 12 shall be fined at least NT$300,000 but not exceeding NT$1,500,000.
Anyone who violates Article 16 shall be fined at least NT$20,000 but not exceeding NT$300,000
Article 42
The name or title and the name of the responsible person shall be publicized if any of the situations specified in the preceding paragraph occurs, and an order shall be made to ask for improvement within a specific period; failure to make improvement within the specific period shall result in consecutive fines for each violation.
Article 43
The penalty specified in the Act shall be levied by the local competent authority.
Chapter 9 Supplementary Provisions
Article 44
The enforcement rules of the Act shall be prescribed by the central competent authority.
Article 45
The effective date of the Act shall be determined by the Executive Yuan.