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Chapter Law Content

Chapter IV Right of Student Participants and its Protection
Article 21
To protect the right of student participants, partner institutions shall fulfill the following obligations:
1. Abiding by the training contract; partner institutions shall provide student participants with a decent training environment, where students participants are placed to receive training and to develop positive work attitudes, safety awareness and code of ethics.
2. The aforementioned training shall be tailored to students’ vocational category where they belong. Social care must be given to student participants’ physical and mental conditions during the course of training.
3. During the course of training, partner institutions shall assign instructors to supervise the vocational training of student participants and to provide them with counseling.
4. When scheduling training sessions for student participants, partner institutions shall not violate students’ rights to attend classes in schools or to learn and receive training in other organizations.
5. Partner institutions shall increase the amount of living allowance to student participants annually based on their learning performance and seniority.
6. Articles of the Labor Insurance Act shall apply mutatis mutandis to student participants when partner institutions apply for labor insurance for the students.
7. Partner institutions shall have attendance records or attendance cards prepared for student participants, which keep track of students’ training. These records or cards shall be kept for one year.
8. Cooperative Education students shall receive physical or health examination in accordance with Occupational Safety and Health Act when they are doing activities in the training requiring special physical examination or health examination referred to Labor Health Protection Act.
Partner institutions shall provide labor insurance for student participants, and the labor insurance shall specify starting date and expiration date, monthly covered salary and its adjustment, premiums, payment of premium, grace period for payment of premium, collection and handling of delinquency charges, insurance benefit calculation and payment, and other matters concerning insurance shall apply mutatis mutandis to Articles of the Labor Insurance Act and other relevant regulations.
If student participants unlawfully violate the rights of others while engaging in vocational training, partner institutions shall be liable for the damage compensation. However, damage caused by the intentional misconduct or gross negligence on the part of student participants shall not be subject to the provisions of this paragraph.
Article 22
Partner institutions shall provide living allowance and an itemized list of the allowance in accordance with students’ training contracts.
The aforementioned living allowance is classified as subsidy for the occupational training, not as wage, salary or pay. Accordingly, the allowance is not included in Individual Income Tax. It shall be no less than the basic wage as stipulated in the Labor Standards Act and shall be paid in legal tender.
Living allowance shall be paid each month directly to student participants in full amount, unless stipulated otherwise by law that relevant expenses may be deducted.
Partner institutions shall not deduct living allowance in advance as penalty fees or compensation.
Article 23
Prior to the signing of training contracts with student participants, partner institutions shall deposit a certain amount of funds with schools, who shall then deposit the funds to their special accounts. When students’ requests for living allowance or the compensation mentioned in Paragraph 9 of Article 24 are denied by partner institutions, the requests shall then be granted through the funds. Schools shall return the rest of the funds to partner institutions following the terminations of students’ training contracts.
The amount of the fund to be deposited shall be formulated by the central competent authority.
Article 24
Student participants’ training hours shall not exceed eight hours a day. The total number of training hours every week shall not be more than forty hours, and training shall not take place between eight o’clock in the evening and six o’clock in the next morning.
When student participants are trained for four consecutive hours, they shall have a break of no less than thirty minutes.
During the course of the training, student participants shall have two day offs within seven days as a legal holiday.
During the course of the training, student participants shall take the holidays off as stipulated in the Labor Standards Act and in related regulations.
Female students may apply for a one-day menstrual leave each month if they have difficulties receiving training due to their menstrual period. Partner institutions shall not cut female students’ living allowance because of menstrual leave, and schools shall exclude menstrual leave from scoring and evaluation criterion.
Partner institutions may apply for the competent authority’s approval of setting different starting and ending time for students’ training and breaks, if the institutions have special needs because of their business nature, job characteristics, seasons, locations, or industrial categories and meet the following requirements:
1. The student participants shall be sixteen years of age or above.
2. The partner institutions shall provide necessary secure sanitation utilities.
3. The partner institutions shall provide transportation vehicles or arrange accommodation for students if no public transportation is available for them.
Regarding the previous Paragraph, partner institutions and student participants that have both agreed to different training time shall not have training sessions between ten o’clock in the evening and six o’clock in the next morning.
The starting and ending time of the training, including the training time and the breaks in between shall not exceed twelve hours in total each day.
If partner institutions violate regulations in Paragraph 1 to 5 and 7 to 8, they shall compensate students with double amount of living allowance which is converted from the amount of hour violation. The amount of hour violation is calculated as one hour when it is less than one hour.
Article 25
When student participants create hazards and disasters, which in turn, cause death, disability, injury or illness, partner institutions shall apply mutatis mutandis the regulations of compensation for occupational accidents stipulated in Chapter 7 of the Labor Standards Act to make compensations.
The standards of calculating compensation shall be based on wage that is no lower than the basic wage stipulated in the Labor Standards Act.
Student participants that are not insured by the Labor Insurance shall apply mutatis mutandis the relevant regulations concerning workers not insured by the Labor Insurance as stipulated in the Act for Protecting Worker of Occupational Accidents.
Schools shall take the initiative to assist student participants in their request for compensation or application for assistances according to the first or the aforementioned Paragraph.
Article 26
During the course of the training, partner institutions shall not discriminate against any student participant on the basis of race, class, language, thought, religion, political party, place of origin, place of birth, age, marital status, appearance, facial features, or physical or mental disabilities.
Partner institutions shall consult with the schools to provide individualized assistance for student participants with disabilities.
Partner institutions shall not discriminate against student participants when they file complaints or request for mediation according to this Act, or when they request for conciliation or file a lawsuit according to Labor Incident Act.
The legal doctrine of discrimination shall be based mutatis mutandis on Employment Services Act and the relevant regulations.
Article 27
During the course of the training, partner institutions shall not discriminate against student participants on the basis of their gender or sexual orientation, and shall prevent the occurrence of any sexual harassment. Upon becoming aware of any incident of sexual harassment, the partner institutions shall take effective corrective action and remedial measures immediately.
During the course of the training, if the students suffer sexual harassment or discrimination due to their gender identity or sexual orientation, the filing of complaints, its legal requirements, and the partner institutions’ liability to pay compensation for damage shall be based mutatis mutandis on the Act of Gender Equality in Employment and relevant regulations.
Article 28
When training contracts of student participants are expired or terminated due to other reasons, the partner institutions shall issue training certificates according to the Subparagraph 3 of Paragraph 1 of Article 17.
The training certificates mentioned in the previous Paragraph shall include the vocational category, training period and training hours.
Partner institutions may give hiring priority to those who obtain a training certificate and demonstrate excellent performance during the course of the training.