2. If a labor chooses to apply to new labor pension system, how should the seniority in old system before selecting new system be handled?
- If a labor chooses to apply to the new labor pension system, his/her seniority in the old system before applying to new system should be retained. If the labor contract complies with the regulations for retirement or severance, the employer shall issue the severance pay or retirement pension for the seniority retained from old system based on the average wage when the labor contract terminated.
- The employer and the labor could also negotiate to settle the retained seniority from old system with the payment standard no less than the payment standard in Article 55 and Article 84-2 of Labor Standards Act during the duration of labor contract.