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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:55
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Chapter Law Content

Chapter 4 Personnel Management
Article 27
The number of personnel employed in the fruits and vegetables market, livestock (meats) market, poultry market, fish market, or other products market shall be organized on the basis of the number of market personnel used standard table of each market (appendix 2) and report to the county/city supervising authority for records; market in the municipal city shall report to local supervising authority directly for records. However, number of personnel employed in the composite market shall be based on the number of market personal used standard table or the each market under the principle of comprehension by self-adjustment and report to county/city supervising authority for records; the one in the municipal city market shall report to local supervising authority for records.
Any market occurs loss in the previous year is not allowed to recruit any new personnel even there is position vacant.
Article 28
The market shall not employ the personnel who are the spouse of the responsible person, section managers, and market directors or a relative in the third degree, or relative in-laws.
The responsible person of the operating body herein before are the member of council, the member of supervisory committee, or the general director in agricultural associations or fishery associations; the member of council or the member of supervisory committee in cooperative associations; the chairman or supervisors in the company.
Article 29
The market personnel divide into staffs and workers. The work division is based on the rules of the market personnel duty division table (appendix 3).
Article 30
The hiring of market personnel shall follow the market personnel hiring qualifications standard table (appendix 4). If the operating body has special need to make its own standard shall report to the local supervising authority for approval.
The management staffs of electronic slaughter department of the meat product market shall have the qualification status of veterinary, animal husbandry, food science, or hygienist background.
Article 31
The market shall withdraw a certain percentage of total income for next year's personnel expenditures. The withdrawing percentage is settled by the municipal, county/city supervising authority.
Article 32
The term personnel expenditures indicates salaries, special allowance, retirement payment, lay-off payment, reserved funds used as pension for the family of the deceased, and other allowances.
Article 33
The market personnel are paid by unified wages system, salary is paid on point base, everyone's pay point is followed by the market personnel pay point standard table (appendix 5). The market managing staffs may receive a special allowance and the specialist may receive a technical allowance monthly.
The range and amount of payroll converted from pay point, special allowance and technical subsidies shall be settled by the operating body.
Article 34
The personnel expenditures drawn from the market specified in Article 32 of the Said Act shall be used as incentive wages if there is a surplus at the end of year. The incentive wages shall be paid to market personnel in accordance with their ordinarily performance record.
Article 35
The market personnel shall go through the guarantee procedure, its guarantee procedures shall be the designated by the operating body.
Article 36
The market personnel shall be limited as full-time employee and shall not have concurrent industry or business post and shall not hold any public or private organization's post with pay or public servant; the one having a public servant post shall be released from duty in the market.
Article 37
The standards of management, evaluation, promotion, reward, or punishment of market personnel shall be set by the market operating body except otherwise regulated by Laws.
Article 38
Except for the manager the market shall set up the evolution committee to determine the market personnel's promotion, evaluation, reward, punishment, lay-off, and other related personnel affairs.
If the market personnel do not have any illegal behavior or the serious mistake under the reward-punishment standard regulation, the market shall not lay off the personnel.
Article 39
The market shall withdraw part of payroll for reserved funds deposited in a designated account for uses in retirement pensions, deceased pensions, and discharge allowance. The interests accrued from the reserved funds shall feed back to the reserved funds account.
Article 40
(Deleted)
Article 41
The retirement of market personnel shall be proceeded in accordance with Labor Standard Act. But for those whose service at the market overlaps with the amendment date on February 11, 2019, the staffs may apply for retirement at the age of 60 or above, while the workers may apply for retirement at the age of 55 or above, given that they have served five consecutive years on the day of application; in addition, market personnel who served more than 25 years at the market before the amendment takes effect are also eligible for retirement application.
Article 42
The market personnel may receive the whole pension under the following qualifications:
1. Died on duty.
2. Die of sick or accident.
Article 43
The retirement pension, deceased subsidy, and discharge allowance is basically measured by the last month salary of the post, counted in terms of years served in the market, one and half months salary paid for one full year served. However, the ceiling amount is limited to 45 months salaries.
The market personnel deceased on duty may pay additional 25% of pension to the family.
If the reserved funds are insufficient to pay the pension for retirement, deceased subsidy, and discharge allowance, it may be paid by making up budget for the payment. If it is unable to make up budget, it shall make payment sequences, but the deceased subsidy shall be placed on the first priority.
If the individual market payment standard is superior to the Said Law, it may follow the superior one.
Article 44
The market shall not pay to the undisciplined or discharged market personnel the discharge allowance, retirement pension, or any other nominal payments.
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