Regulations Governing the Organization of the Supervisory Committee of Labor Retirement Reserve of a Business Entity
1.中華民國七十四年七月一日內政部台內勞字第 321291 號令令訂定發布 全文 11 條 2.中華民國九十年十二月十九日行政院勞工委員會(90)台勞動三字第 0 060935 號令修正發布第 3、4、6 條條文 3.中華民國九十一年十月三十日行政院勞工委員會勞動三字第 091005587 2 號令修正發布第 1 條條文 4.中華民國一百零一年六月二十日行政院勞工委員會勞動 4 字第 10101 31580 號令修正發布第 5 條條文 5.中華民國一百零四年八月二十六日勞動部勞動福 3 字第 1040136320 號令修正發布第 1、8、10 條條文 6.中華民國一百十四年十一月四日勞動部勞動福 3 字第 1140153687 號 令修正發布第 5 條條文
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The Guidelines are drawn up in accordance with Paragraph 5 to Article 56 of the Labor Standards Act (hereinafter referred to as the Act).
1The functions of the supervisory committee of workers' retirement reserve fund (hereafter referred to as the supervisory committee) of a business entity shall be the following:
21. The examination of the proposal for the temporary suspension of the allocation of workers' retirement reserve fund.
32. To verify and audit the allocation account of workers' retirement reserve fund.
43. To verify and audit the deposit and the disbursement of workers' retirement reserve fund.
54. To verify and audit the amount of payment from workers' retirement reserve fund.
65. Other supervision affairs in connection with workers' retirement reserve fund.
1The supervisory committee is composed of representative selected or appointed by workers and their employer. It shall be consisted of from three to fifteen members. Among them, one shall be chairperson, another one shall be vice-chairperson and not less than two-thirds of them shall be worker-representatives. However, when the number of workers employed is less than two, the number of worker-representative shall not be less than one-half.
2For those business entities hiring over one hundred workers, the members of the supervisory committee shall not be less than nine.
3For those business entities with branch institutions, they may separately or combinely organize supervisory committees.
Workers' representatives of the supervisory committee shall be elected by the labour unions. Where a labour union does not exist, they may be elected by workers by direct election among themselves. Substitute members may also be elected.
1The term to serve as a member of the supervisory committee shall not exceed four years for each term.
2The rules governing the reelection of labor representative on the supervisory committee are as follows:
31. labor representative directly elected by workers may be re-elected and serve consecutive terms.
42. A labor representative nominated by a labor union may be re-nominated and serve consecutive terms; provided that the number of labor representatives serving consecutive terms shall not exceed one-half of the labor representatives nominated by a labor union. However, this restriction shall not apply under special circumstances.
5Employer representatives serving on the supervisory committee may be reappointed consecutively and may, at any time, be replaced pursuant to changes in their job positions.
Chairman of the supervisory committee shall be appointed by the employer among employer-representatives and presides over general affairs of the committee. A vice-chairman shall be elected from among worker-representatives themselves and assists the chairman to handle general affairs of the committee.
The supervisory committee may, in case of necessity, have some staff members, they shall be appointed by business entity and serve on part-time basis.
After the establishment of the supervisory committee in a business entity, a report shall be approved by the local competent authorities for reference, itemizing the date of establishment, address of the committee, name-lists of the members of the supervisory committee and of the staff members, as well as signature seal card. The same shall be done in the case of changing address of the committee, members of the supervisory committees, their staff members and signature seals.
The supervisory committee shall meet once every three months and temporary meetings may be called if necessary. Chairman of the meetings shall be presided over by the chairman. In case of the absence of the chairman, the vice-chairman shall act for him.
1When employees of the business entity inquiring about account balance of workers' retirement reserve fund, the supervisory committee shall provide said information.
2In the case the supervisory committee has not done its supervisory duties or has acted improperly, the local competent authorities may notify it to make improvements or to reorganize.
The Rule shall become effective on the day of promulgation.