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Business Topic

Documents/Certificates Required when Applying for Repayment

(I) Documentation
  1. Application form for the payment of wage arrears, name list, and affidavit (one copy each)
    * Workers of the same employer shall submit their application jointly at the same time. This, however, shall not apply to cases involving special conditions.
  2. Receipt of the wage arrears payment fund (one for each applicant).
    * Please attach a copy of the passbook front page and both sides of the personal ID card.
  3. Proxy letter to appoint the representative of workers for the payment of wage arrears and a copy of the relevant name list (which shall be signed by the principals in person).
    * If the worker is dead, the survivors shall submit, separately, the "Letter of Joint Appointment and Letter of Indemnity by Survivors for the Repayment of wage arrears”.
(II) Supporting Documentation
  1. Documents evidencing verification by the local competent authority at the location of the business entity:
    Evidence proving that the business entity (including branches) has canceled, revoked or repealed the factory, commercial or business registration; or proof of the termination of production and operation; or bankruptcy or dissolution of the business, which has been confirmed as "facts of termination of business".
  2. Proof of Creditors' Rights:
    (1) The employer, liquidator or trustee shall sign and acknowledge the debt. (In the process of review, they shall undergo interviews held at the Bureau of Labor Insurance):
    a. The employer shall sign in person to acknowledge the debt. If the business entity has already entered into liquidation or declared bankruptcy, the liquidator or trustee shall sign and acknowledge the debt. It is necessary to provide, separately, documents proving their claim for creditor's rights against the liquidator or trustee in bankruptcy.
    b. If the employer has entrusted a third party to sign and acknowledge the debt: A notarized letter of appointment shall be presented, which shall be signed in person by the employer and the trustee.

    (2) If the employer is unable to attend in person: (Each applicant shall provide one original of the following documents, as applicable)
    a. For labor disputes where the mediation or arbitration has been concluded, the final verdict of the court for compulsory enforcement shall be presented.
    b. For cases where a motion has been filed to the court for payment order (or civil judgment), such payment order (or civil judgment) and the final verdict issued by the court shall be provided.
    c. For civil enforcement cases with no results, the debt certificate issued by the court of enforcement to the creditors shall be presented.
  3. Proof of the employment relationship and amount of the overdue wages:
    a. Attendance records during the period of the wage arrears (attendance card, record of card-swipe or signing-in).
    b. Payroll books (detailed payroll list and salary summaries) for the period of three months (or above) prior to the wage arrears and for the period of wage arrears.
    c. Copies of the worker's bank/post office passbooks containing payroll records; payroll slips, or fund transfer details for salary payment.
    (2) Pension and Severance Pay: 
    a. Attendance records for the six months prior to the date of separation (attendance card, record of card-swipe or signing-in) and relevant payroll documents (detailed payroll list, salary summaries, payroll slips, or a copy of the employee's passbook containing the payroll transfer records).
    b. Proof of work seniority, employment and separation (labor contract, certificate of service and certificate of termination).
    c. Supporting documents proving qualification for pension or severance pay under the Labor Standards Act.
Last Update:2019-07-22