中高齡者及高齡者就業促進法

1The Act is enacted to implement decent work, elevate the labor participation of middle-aged and senior persons, promote the re-employment of elderly persons, protect economic security, encourage the cooperation between generations and the inheritance of experience, protect the employment rights and interests of middle-aged and senior persons and elderly persons, construct a friendly employment environment and improve the utilization of human resources.

2The matters regarding the employment of middle-aged and senior persons and elderly persons shall be governed by the Act; matters not provided for herein shall be governed by the Labor Standards Act, Act of Gender Equality in Employment, Employment Service Act, Occupational Safety and Health Act, Employment Insurance Act, Vocational Training Act and other applicable statutes.

The term “competent author-ity” referred to in the Act shall be the Ministry of La-bor at the central govern-ment level, the municipal city governments at the mu-nicipal level, and the coun-ty (city) governments at the county (city) level.

1The terms used in the Act are defined as follows:

21.“Middle-Aged and Senior persons”: means persons at the age of forty-five to sixty-five.

32.“Elderly persons”: means persons at the age no fewer than sixty-five.

43.“Employee”: means a person hired by an employer to work with salary.

54.“Job Applicant”: means a person applying for job to an employer.

65.“Employer”: means a person or the public or private institution or agen-cy hiring employee(s). The person exercising the right of management on behalf of the employer or handling la-bor matters on behalf of the employer shall be deemed as the employer.

1The Act shall be applicable to any of the following persons no fewer than forty-five years old:

21.The citizens of the Republic of China.

32.The foreigners, people of the mainland China area, residents of Hong Kong or Macao who have been permitted to stay in the Taiwan area and have marriage with the citizens with registered household in the territory of the Republic of China.

43.The foreigners, people of the mainland China area, residents of Hong Kong or Macao referred to the preceding sub-paragraph who are still permitted to stay in the Taiwan area for work pursuant to laws and regulations, even though divorced with their spouses or his/her spouses are deceased.

The employer shall assist in elevating professional knowledge and ability, adjusting position or improving working facilities, and providing a friendly employment environment according to the needs of the middle-aged and senior persons and elderly persons hired by the employer.

In order to promote the employment of middle-aged and senior persons and elderly persons, the central competent authority shall collect the information relating to the employment status of middle-aged and senior persons and elderly persons, carry out the investigation or research relating to the evaluation on the service of supply and demand, workplace health, occupational disaster, etc., and further conduct the gender analysis. The result of such investigation and research shall be publicized periodically.

1The central competent authority shall consult with the central competent authorities in charge of relevant businesses as well as the local competent authorities at least once every three years to make the employment plans for the Senior and Middle-Aged Persons and the Elders.

2The employment plans specified in the preceding paragraph shall include the following:

31.Promoting job accommodation for the Senior and Middle-Aged Persons and the Elders.

42.Constructing a friendly workplace for the Senior and Middle-Aged Persons and the Elders.

53.Improving occupational safety measures and the use of assistive devices for the Senior and Middle-Aged Persons and the Elders.

64.Providing vocational training to enhance the professional knowledge and competence of the Senior and Middle-Aged Persons and the Elders.

75.Providing incentives for employers to employ the unemployed Senior and Middle-Aged Persons and Elders.

86.Promoting delayed retirement and re-employment after retirement for the Senior and Middle-Aged Persons and the Elders.

1The competent authority may select the representatives of employees, employers, scholars, experts and government agencies to review and consult the matters regarding the rights and interests of the employment of middle-aged and senior persons and elderly persons. The representatives of employees, employers, scholars and experts shall not be fewer than one-half of the aforementioned representatives selected by the competent authority.

2Any single gender, middle-aged and senior persons and elderly persons shall not be fewer than one-third of the representatives referred to the preceding paragraph.

To assist in the employment of the Senior and Middle-Aged Persons and the Elders, the competent authority may provide a workplace guidance manual, which shall be updated at least once every two years.

To pass down the wisdom and experience of middle-aged and senior persons and elderly persons and create the harmony between generations, the competent authority shall extend the interactions between generations, and support employers to promote the cooperation between generations.

The competent authority shall promote the international interactions and cooperation related to the employment of middle-aged and senior persons and elderly persons.

1The employer shall not impose differential treatment on middle-aged and senior persons and elderly persons who are applying for jobs or under employment because of their age.

2The term “differential treatment” used in the preceding paragraph shall refer to the direct or indirect unfavorable treatments of the following matters imposed by the employer on the Job applicants or the employees because of their age:

31.Recruitment, screening test, employment, assignment, staffing, performance evaluation or promotion, etc.

42.Education, training or other similar activities.

53.Payment of wages or welfare of all kinds.

64.Retirement, leave with severance pay, employment termination and discharge.

1The “differential treatment” referred to the preceding Article caused by any of the following situations is not restricted by the first paragraph of the preceding Article:

21.Imposing particular restrictions or regulations on age based on the requirements or special features of the job.

32.Paying wages based on seniority, reward and punishment, performance or other justifiable reasons other than age.

43.Imposing restrictions on the age for employment or retirement pursuant to other laws and regulations.

54.Taking relevant measures of employment or assistance to improve the employment of the persons of particular ages pursuant to the Act or other laws and regulations.

After any of middle-aged and senior persons and elderly persons who is applying for job or under employment has specified the facts of the differential treatment, the employer shall be liable for proving that the differential treatment is not based on age or is caused by any of the situations referred to the preceding Article.

1If any of middle-aged and senior persons and elderly persons who is applying for job or under employment finds that the employer breaches the first paragraph of Article 12, he/she may file a complaint with the local competent authority.

2After the local competent authority receives the complaint referred to the preceding paragraph, the Employment Discrimination Review Committee constituted pursuant to the Employment Service Act and relevant regulations will carry out the judgment of age discrimination.

Employer shall not discharge, transfer the position of or impose any other unfavorable disposition on any of middle-aged and senior persons and elderly persons hired by the employer for the reason that he/she has filed a complaint or has assisted another person in filing a complaint pursuant to the Act.

1If any of middle-aged and senior persons and elderly persons who is applying for job or under employment has suffered damage caused by any situation referred to the first paragraph of Article 12, his/her employer shall be liable for all and any compensation of resulted therefrom.

2The claim for compensation of damages referred to the preceding paragraph shall be extinguished if not exercised within two years from the time at which the person who is entitled to the claim knows the damage and the person who is liable for the compensation. The same shall apply if ten years have elapsed since the concerned breach was committed.

1For the needs of operational development and employment stability, the employer may carry out or authorize someone to carry out vocational trainings for middle- aged and senior persons and elderly persons hired by the employer, or assign them to participate in relevant vocational trainings.

2With respect to the vocational trainings carried out by the employer according to the preceding paragraph, the central competent authority may subsidize the training fees and provide counseling and assistance for the trainings.

1For middle-aged and senior persons and elderly persons hired by the employer who have working disabilities or whose family member needs long-term care, the employer may further carry out job accommodation or provide assistive occupational devices to meet their needs, or make referrals to them for the appropriate resources of long-term care services.

2With respect to the job accommodation or assistive occupational devices provided by the employer referred to the preceding paragraph, the competent authority may provide counseling or subsidization.

1To encourage middle-aged and senior persons and elderly persons hired by the employer to pass down their skills and experience and improve the cooperation between generations, the employer may adopt the division of a work to be done by the means of cooperation.

2The employer shall not impair the original employment conditions of the employees when carrying out the matters specified in the preceding paragraph for the employment stability of the employees.

3With respect to the matters carried out by the employer according to the first paragraph, the competent authority may provide counseling or encouragement.

If the employer continues to employ the employees who may be forced to retire pursuant to subparagraph 1, paragraph 1 of Article 54 of the Labor Standards Act at a certain ratio and for a certain period, the central competent authority may provide subsidization.

The qualifications and conditions, items, methods, period, termination, funding sources and other relevant matters regarding the application for the subsidization and encouragement referred to the preceding four Articles shall be determined by the central competent authority.

To assist in the employment of middle-aged and senior persons and elderly persons, the public employment service institutes shall provide individualized employment services and relevant employment information such as career counseling, employment counseling and job referral based on the abilities and needs of middle-aged and senior persons and elderly persons.

1To improve the working skills of middle-aged and senior persons and elderly persons and enhance their employment, the central competent authority shall carry out vocational trainings.

2The employer may carry out or authorize someone to carry out the vocational trainings for the unemployed middle-aged and senior persons and elderly persons according to the manpower demanded by the employer.

3With respect to the vocational trainings carried out by the employer referred to preceding paragraph, the central competent authority may subsidize the training fees.

To assist middle-aged and senior persons and elderly persons in launching a business or a business with youths, the competent authority may take measures such as providing entrepreneurial counseling and assistance, entrepreneurial lessons and loan interest subsidies for business start-up.

The competent authority shall assist the unemployed middle aged and senior persons and elderly persons in employment and provide relevant employment assistance and measures, and may provide relevant allowance, subsidization or grants.

The qualifications and conditions, items, methods, period, termination, funding sources and other relevant matters regarding the application for the subsidization, interest subsidies, allowances or encouragement referred to the preceding three Articles shall be determined by the central competent authority.

The employer may hire worker(s) with age no fewer than sixty-five by fixed-term labor contract.

1The Employer may provide relevant assistance and measures regarding retirement preparations, adjustments, or re-employment to the Senior and Middle-Aged Persons and the Elders employed by the Employer when such employees meet the conditions stipulated in Article 53 of the Labor Standards Act or within two years prior to meeting the conditions stipulated in subparagraph 1 of paragraph 1 of Article 54 of the Labor Standards Act.

2With respect to the matters carried out by the Employer according to the preceding paragraph, the central competent authority may provide subsidization.

If the employer hires elderly persons who have been retired pursuant to laws to pass down their professional skills and experience, the central competent authority may provide subsidization.

The qualifications and conditions, items, methods, period, termination, funding sources and other relevant matters regarding the application for the subsidization referred to the preceding two Articles shall be determined by the central competent authority.

1To provide relevant information regarding the retired middle-aged and senior persons and elderly persons available for inquiry and improve the re-utilization of retired human resources, the central competent authority shall establish the database of retired talents and update it periodically.

2The use of the database of retired talents shall comply with the Personal Information Protection Act.

1To promote the employment of the middle-aged and senior persons and elderly persons who have been retired pursuant to laws or who have reached the age of fifty- five, the central competent authority shall carry out the following matters, and may appoint or authorize relevant authorities (institutes) or groups to conduct the following matters if necessary:

21.Investigation on the supply and demand of the job market for senior persons.

32.Trial running and promotion of the creative service models with respect to the utilization of the of senior persons resources.

43.Promotion and counseling of delayed retirement, friendly workplace and the cooperation between generations.

54.Training of the professional knowledge and skills of the employment service staffs.

65.Counseling and assistance of the matters with respect to the work of the senior talents service hubs.

1The local competent authority may set up the senior talents service hubs to carry out the following matters:

21.Developing employment opportunities and employment matching of the temporary, seasonal, short-term or part- time jobs or community services.

32.Providing counseling services with respect to labor laws and regulations and career development.

43.Conducting activities for employment promotion and training lessons.

54.Encouraging employers to hire professional senior talents to pass down their skills and experience.

65.Promoting the interactions and cooperation between generations.

7With respect to the services to be carried out by the local competent authority referred to the preceding paragraph, the central competent authority may provide subsidization. The qualifications and conditions, items, methods, period, termination, funding sources and other relevant matters regarding the application therefor shall be determined by the central competent authority.

1The local competent authority shall submit the implementation report of the senior talents service hubs to the central competent authority periodically.

2The central competent authority shall supervise and assess the implementation of the senior talents service hubs carried out by the local competent authority.

To meet the needs of the industry development of the country, the central competent authority shall consult the central competent authorities in charge of relevant businesses for the cooperation to jointly develop the industry and create employment opportunities for the Senior and Middle-Aged Persons and the Elders.

1The public employment service institutes shall regularly collect, organize and analyze the information with respect to the distribution of the industries and the professional jobs that middle-aged and senior persons and elderly persons are in their jurisdictional regions, variation of wages, supply and demand of human resources and future prospects periodically.

2The public employment service institutes shall set the plan for the creation of the employment opportunities for middle-aged and senior persons and elderly persons according to the result of the investigation referred to in the preceding paragraph.

To assist middle-aged and senior persons and elderly persons in employment or re-employment, the public employment service institutes shall create appropriate employment opportunities and publicize them on relevant websites of the Ministry of Labor.

To assist the employer in hiring middle-aged and senior persons and elderly persons, the competent authority may provide relevant guidance for the utilization of human resources, job re-accommodation and other necessary measures.

1The competent authority may provide incentives to the one who has made outstanding contribution to the promotion of the employment of middle-aged and senior persons and elderly persons.

2The qualifications and conditions, items, methods, period, termination, funding sources and other relevant matters regarding the application for the incentives referred to the preceding paragraph shall be determined by the central competent authority.

1Anyone who violates Paragraph 1 of Article 12 shall be fined at least NT$300,000 but not exceeding NT$1,500,000.

2Anyone who violates Article 16 shall be fined at least NT$20,000 but not exceeding NT$300,000.

The name or title and the name of the responsible person shall be publicized if any of the situations referred to the preceding paragraph occurs, and an order shall be made to ask for improvement within a specific period; failure to make improvement within the specific period shall result in consecutive fines for each violation.

The penalty referred to in the Act shall be levied by the local competent authority.

The enforcement rules of the Act shall be prescribed by the central competent authority.

The enforcement date of the Act shall be determined by the Executive Yuan.