7.What are the procedures if I wish to claim for the Overdue Wages, Pensions or Severance Pay Payment? What documents and certificates are required? How can I access to the relevant application forms?
- In principle, workers in the same company should file their application for the overdue wages, pensions and severance pay payment collectively and in one time. Therefore, a representative should be elected among the workers to file the application to the Bureau. The employer, in the meantime, should affix its chop/signature on the document to prove the default fact. If the employer’s whereabouts is unknown, or is unwilling to prove the default fact, the workers will need to, through legal actions, obtain the originals of a payment order or a certificate of a final and binding civil judgment, which will serve as the certificate of claim for filing the application.
- Following documents and forms are required for filing the application. You can send the documents to the head or local office of the Bureau of Labor Insurance, either by mail or by hand delivery.
①. Certificate of Closedown for the business entity.
②. Application for Wage Arrears Payment.
③. Name list of the workers for the Wage Arrears Payment.
④. Receipt of the Wage Arrears Payment. (one for each applicant)
⑤. Affidavit of the Wage Arrears Payment.
⑥. A Power of Attorney to the Representative and an attached list for the authorization.
⑦. Attendance record during the period of the unpaid wages (attendance cards, electronic attendance records or sign-in sheets), salary certificate for the unpaid period as well as for the three months prior to the unpaid period (for example, payroll detail lists or payroll slips), a copy of the statement for the payroll transfer to the employee’s individual account with a financial institution, income tax withholding certificate, etc.
⑧. In the case of applying for overdue pension or severance pay, proof documents of retirement or severance compliance with Labor Standards Act shall be enclosed.
- You may download the blank application forms from the website of the Bureau of Labor Insurance or collect the forms from the head office or local liaison offices of the Bureau.