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The resident physicians hired by the medical, healthcare and care-giving industries (not including the physicians employed by public medical institutions according to relevant civil servant regulations) shall be applicable to the Labor Standards Act with effect from September 1, 2019.

Based on the announcement made by the Ministry of Labor on March 12, 2019 under reference No. Lau-Dung-Tiao-1-Tze 1080130207, the resident physicians hired by the medical, healthcare and care-giving industries (not including the physicians employed by public medical institutions according to relevant civil servant regulations) shall be applicable to the Labor Standards Act with effect from September 1, 2019. By definition, “Resident Physicians” refer to the physicians, dentists or Chinese medicine physicians who have received postgraduate general clinic medicine training (General Medical Training), specialist training or supervising physicians training in accordance with the “Diplomate Specialization and Examination Regulations” established based on Article 7-1 of the Physicians Act or Paragraph 2, Article 18 of the Medical Care Act.

In accordance with Article 6,7, and 14 of the Labor Pension Act and Article 8 of its enforcement rules, etc., the employers shall, for all workers applicable to the Labor Standards Act (including ROC nationals, foreign spouses, spouses from China, Hong Kong and Macau, as well as foreign workers with permanent residency), allocate a monthly pension fund not lower than 6% of the worker’s monthly salary, which shall be deposited into the individual pension account of the worker with the BLI. For those workers who, as announced by the central competent authority, become applicable to the Labor Standards Act after the enforcement of the Labor Pension Act, they shall be applicable to the labor pension system prescribed herein. The employer shall complete relevant reporting procedures with the BLI within fifteen days after they become applicable to the Labor Standards Act.

Medical institutions that have employed resident physicians and are applicable to the aforementioned regulations shall fill out the “Labor Pension Contribution Report” (“Workers applicable to the Labor Standards Act, Contribution Status 1”) to commence the labor pension fund contribution from September 1, 2019. For resident physicians employed after September 1, 2019, the employer shall fill out the three-in-one enrollment form to apply for the coverage of labor insurance/ National Health Insurance and the labor pension contribution simultaneously. If the employer is a government agency, however, it is necessary to submit, additionally, the “Labor Pension Contribution Report” for the pension fund allocation. If the employer has registered with the BLI as an online user, the employer may, on the date of employment, visit the BLI’s Global website (Online Applications/e-Service System) to apply for labor insurance enrollment, in the meantime complete the reporting for labor pension fund contribution (Contribution Status: 1, Mandatory contribution - workers applicable to the Labor Standards Act). If you have any questions regarding the labor pension fund contribution, please contact the BLI’s designated service telephone for labor pension contribution.

For workers applicable to the Labor Standards Act, the employers are required to provide for the Wage Arrears Payment Fund in accordance with Article 28, Paragraph 2 of the Act. The BLI, therefore, shall start collecting the Wage Arrears Payment Fund for the resident physicians employed by the Medical, healthcare and care-giving service industries from September 1, 2019. Should you have any questions about the Wage Arrears Payment Fund, please contact the BLI’s designated service telephone at extension 2922.
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Last Update:2019-09-02
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