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

Print Time:2024/10/15 02:21
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Chapter Law Content

Chapter XI Supplementary Provisions
Article 50
A civil servant who concurrently has the status of a worker provided in Article 84 of the Act denotes a person who, under relevant civil service statutes and administrative regulations, is appointed, assigned, invited or selected to work as an employee in any business (or industries) provided in Article 3 of the Act and receives remuneration for it. The meaning for other labor conditions provided in this connection refers to working hours, recess, holidays, safety and health, welfare, overtime pay, and so on.
Article 50-1
Supervisory, administrative workers, professional workers with designated responsibility, monitoring and intermittent workers referred to in Subparagraphs 1 and 2 of Paragraph 1 of Article 84-1 are defined as follows:
1. Supervisory, administrative workers mean those who are hired by an employer to be responsible for the operation and management of business and with the power to decide the hiring, discharge, or working conditions of the workers in general.
2. Professional worker with designated responsibility means one who utilizes his/her professional knowledge or skills to complete a task and is responsible for its success or failure.
3. Monitoring work means chiefly to monitor work in certain work place.
4. Intermittence work means the work is intermittence in nature.
Article 50-2
When employers hand in to the local competent authority for approval or record the written agreement between the employers and the employees pursuant to Article 84-1, it shall include ranking title, work items, rights, responsibility, nature of work, work hours, regular leave, vacation, female work at night.... etc.
Article 50-3
Where workers controversy arising out of contract termination or occupational accidents , and a lawsuit is filed for claiming wage payment, severance pay, pension, vocational injury compensation or for authenticating the existence of labor relation, the worker concerned may request legal aid from Central Competent Authority.
The aforementioned legal aid businesses may be entrusted by the Central Competent Authority to civil organization to operate.
Article 50-4
Employers who go into liquidation or declare bankruptcy before the amendment of Paragraph 2 of Article 28 takes effect on February 6, 2015, but have not yet completed the liquidation or bankruptcy procedures after the amendment takes effect may act according to Paragraph 5 of the same Article and apply for payment of pensions and severances owed to workers from the Arrear Wage Payment Fund, provided that the amounts are no more than the total specified in subparagraph 2 of Paragraph 2 of the same Article.
Article 51
The Rules shall become effective on the date of promulgation.
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