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Starting August 1, 2014, the Labor Standards Act is applicable towards non-staff workers of private schools (not including teachers exclusively devoted to teaching). The employers of these workers should contribute monthly to the pension fund under the new labor pension system and the Overdue Wages Payment Fund in accordance with the relevant rules and regulations so as to properly protect the workers’ rights.

Effective as of August 1, 2014, the Labor Standards Act is applicable toward non-staff workers of the private schools (not including teachers exclusively devoted to teaching). According to Articles 6, 7, and 14 of the Labor Pension Act (the new labor pension system) and Article 8 of the Implementation Rules of the Labor Pension Act, this Act is applicable to workers who are covered by the Labor Standards Act (including citizens of the Republic of China, foreign spouses of ROC citizens, and citizens’ spouses from China, Hong Kong and Macau). For any worker subject to the Labor Pension Act, the employer should make a monthly contribution, which shall be no less than 6% of the worker’s monthly wages, to his/her pension fund by depositing it into the Individual Pension-Specific Account established by BLI. After the new labor pension system is implemented, all workers declared by the central competent authority to be subject to the Labor Standards Act shall also be covered by the new labor pension system.

Besides, according to Article 28 of the Labor Standards Act, employers are required to make mandatory monthly contributions towards the Overdue Wages Payment Fund for all their employees covered by the Labor Standards Act. Therefore, all private schools are required by law to contribute monthly to the Overdue Wages Payment Fund for all their non-staff workers, including those who are citizens of the Republic of China, foreign spouses, spouses from China, Hong Kong and Macau, and foreign workers.

To help the private schools better understand how to file an application for and make contributions to the pension fund under the new labor pension system and the Overdue Wages Payment Fund, BLI has already notified all insured (contributing) private schools by mail on July 16, 2014 that they should go through the application process as required by the letter in order to safeguard their workers' rights.

To clarify further, the “non-staff workers of private schools” declared to be subject to the Labor Standards Act this time refer to those workers who are not included in school staff rosters compiled according to the organizational regulations either already approved by the competent authority over each school or filed for future reference. Besides, “teachers exclusively devoted to teaching” refer to teachers who teach first through 12th grade courses which are included in the curriculums approved by the authorities concerned, plus those who teach credit- or degree-granting courses in colleges. Furthermore, this announcement does not apply to the non-staff and non-teacher workers of the private schools who were specified to be subject to the Labor Standards Act by the Ministry of Labor as of December 31, 1998.
 

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PreviousArticle 22 of the Employment Insurance Act was amended and promulgated by the President on June 4, 2014 through Order No. Hua-Zong-Yi-Yi-Zi-10300085181, and it was enforced as of July 1, 2014 as decided by the Executive Yuan on June 27, 2014 through Order No. Yuan-Tai-Lao-Zi-1030036676. NextDon't panic if you forget to apply for your survivor pension benefit in the Labor Insurance Program. Up to 5 years’ worth of pension benefit can be paid retroactively!
Last Update:2019-01-18
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