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

Print Time:2024/11/22 11:12
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Chapter Law Content

Chapter IV Aids for Necessary Living Expenses Required for Period during the Handling of Labor Incidents
Article 23
When a worker motions for labor mediation to a court or files a lawsuit because of disputes over labor contract termination and is unemployed during that period, if he/she has one of the following situations may apply to the Central Competent Authority for aids for necessary living expenses required for labor mediation or litigation period (here-in-after referred to as Living Expenses Aids):
1. Who is qualified to receive full aid in accordance with the Legal Aids Act.
2. Who is qualified as deficiency in financial resources after review.
3. Who files a lawsuit because of the dispute over gender equality in employment and is qualified to receive aid in accordance with the Regulations for Providing Legal Aid in Lawsuits Concerning Gender Equality in Employment, and also deficient in financial resources.
The Central Competent Authority shall define the deficiency in financial resources referred to in Subparagraphs 2 and 3 of the preceding paragraph in accordance with the standards for reviewing deficiency in financial resources prescribed in the Legal Aids Act.
The labor mediation motioned or lawsuit filed for the disputes over labor contract termination prescribed in Paragraph 1 includes one of the following situations:
1. Claims for severance or retirement payment (labor pension).
2. Claims for ascertaining the existence of employment relationship.
3. Claims for compensation for occupational accidents from the employer in accordance with related statutes.
Article 24
When a worker applies for Living Expenses Aids for the first time, he/she shall registrate at a public employment services institution for job placement.
When a worker continues to apply for Living Expenses Aids, he/she shall in person apply for job placement to the public employment services institution each time and submit two job-interview records.
The job-interview record referred to in the preceding paragraph denotes to the job-interview result card, of which the job search status is verified by the job recruiting unit or public employment service agency, or other proof documents.
The period of aids for each time shall begin on the date of job placement application, and the two job interviews shall be recorded within thirty days from the date of job placement application.
A worker shall not concurrently apply for Living Expenses Aids during the period of receiving any of the below benefits:
1. Unemployment benefit, Vocational training living allowances, or temporary work allowance prescribed in the Employment Insurance Act;
2. njury or sickness benefit prescribed in the Labor Insurance Act or Labor Occupational Accident Insurance and Protection Act;
3. Living allowance or aids prescribed in the Act for Protecting Worker of Occupational Accidents;
4. Temporary work allowance or living allowance for vocational training prescribed in the Employment Service Act;
5. Aids of the same nature from other government agencies.
The application of the preceding article shall be submitted no later than 90 days from the date of job placement application referred to in Paragraph 1 or 2.
Article 25
A worker applying for Living Expenses Aids shall submit the following documents:
1. The application
2. A photocopy of the motion for mediation with the date of receipt by the court stated thereon, indictment, oral or written defense statement, or appealing statement.
3. Statement and relevant documents concerning the situation of sufficiency in financial resources of the worker and his/her relatives living in the same domicile, or a photocopy of approval notice of the aids issued in accordance with the Legal Aids Act.
4. Proof of record of job search with the status of job placement stated thereon.
5. Job interview records are prescribed in Paragraphs 2 and 3 in the preceding Article.
6. Affidavit for necessary living expenses of the aided worker required for labor mediation or litigation period.
When a worker applies for the aid in accordance with Subparagraph 3 of Paragraph 1 to Article 23, he/she shall also submit a photocopy of relevant documents granting assistance issued in accordance with the Regulations for Providing Legal Aid in Lawsuits Concerning Gender Equality in Employment.
Article 26
The period of receiving Living Expenses Aids shall begin on the date of applying for job placement for the first time after the motion for labor mediation or litigation till the date of establishment of labor mediation, final ruling or settlement of the court.
When a worker applies for Living Expenses Aids again, if the days of applying for job placement are overlapping with the previous period of receiving Living Expenses Aids, the overlapping days shall be deducted.
The standard of Living Expense Aids shall be given an amount equivalent to the sixty percent of insured salary of the first grade in accordance with the Table of Grades of Insured Salary of Labor Insurance; the maximal days of aids shall be one hundred and eighty days, and each period of aids shall be thirty days and calculated in portion if less than thirty days.
Article 27
When there is one of the following situations, the application for the Living Expenses Aids shall be rejected:
1. The application is inconsistent with subparagraphs prescribed in Paragraph 1 or 3 to Article 23.
2. The situations prescribed in Paragraph 5 to Article 24 exist, or the filing of application exceeds the time limit specified in Paragraph 6 to Article 24.
3. The application documents or proof are counterfeit, forged, false or invalid.
4. The labor mediation or litigation will bring no substantial benefit or its winning prospect is apparently none.
5. The aid for the same case has been approved by the Department and has reached the upper limited stated in Paragraph 3 to the preceding article.
When the causes for rejecting aids application referred to in the preceding paragraph disappear, the worker may file the application again.
If there is one of the following situations after the application for Living Expenses Aids approved, the aids shall be terminated:
1. The applicant is found not to be qualified as deficiency in financial resources.
2. One of the situations prescribed in Paragraph 5 to Article 24 exists.
Article 28
When the application documents for Living Expenses Aids are incomplete and not corrected within a given period after being notified, the application shall be rejected.
Article 29
When a case of applying for Living Expenses Aids has been approved, the applicant shall prepare and submit receipts for appropriation within thirty days from the date of receiving the notification of approval.
Article 30
After the appropriation in accordance with the preceding article, when any of the situations referred to in Subparagraphs 1 to 3 of Paragraph 1 to Article 27 occurs, the aids shall be revoked and the applicant shall return all expenses; if the applicant does not return within the given period, retrieving measures shall be taken in accordance with related statutes.
The worker who has any one of situations prescribed in Subparagraphs 1 to 3 of Paragraph 1 to Article 27 shall not be allowed to apply for the aids referred to in Article 2 within five years from the date of revoking his/her aids.
Article 31
When a case of applying for Living Expenses Aids is finally ruled by a court that the period of paying wage by the business entity (employer) is overlapping with the period of receiving aids, the worker shall return the total amount of aids within thirty days after receiving the wage.
If the worker fails to return the aids in accordance with the preceding paragraph, the Central Competent Authority shall repeal the original aids approved and order him/her to return the aids within a given period. If the worker does not return within the given period, retrieving measures shall be taken in accordance with related statutes, and he/she shall not be allowed to apply for the aids referred to in Article 2 within five years from the date of repealing the aids.
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