Laws Information

法規資訊
Title: Regulations Governing Programs for Early Retirement
Am Date: 2003-07-02
Legislative History: Amendment to Article 6 per Ministry of Transportation and Communications Decree No. Jiiao-Ren-Fa-Zi-092B000060 dated July 2,2003.

Transaction

Amendment

Article 6
For those who apply for voluntary retirement or dismissal with severance pay in accordance with the regulations hereof, the payments they receive shall be based on the following guidelines:
1. Basic payment:
(1) Retirement:
(i) Postal employees: postal employees’ pensions shall be in accordance with the standards laid out in the Act Governing the Retirement of and Posthumous Relief for Employees of Postal and Communications Enterprises under the MOTC, or they may choose to receive their pensions in accordance with the standards laid out in the Labor Standards Act. For those who choose to collect their pensions in accordance with the Labor Standards Act, in the event that they receive less than the lump sum pension payable in accordance with the Act Governing the Retirement of and Posthumous Relief for Employees of Postal and Communications Enterprises under the MOTC, Chunghwa Post Co., Ltd. (hereinafter called Chunghwa Post) shall make up the difference.
(ii) Auxiliary employees: auxiliary employees’ pensions shall be in accordance with the standards laid out in the Labor Standards Act, or they may choose to collect their pensions in accordance with the standards laid out in the Act Governing the Retirement of and Posthumous Relief for Employees of Postal and Communications Enterprises under the MOTC.
(iii) Contract-based Employees: same as postal employees.
(2) Dismissal with Severance Pay:
In accordance with the Guidelines Governing the Dismissal with Severance Pay for Postal Organization Employees.
2. Allowance:
(1) Incumbent employees who apply for early retirement incentives or dismissal with severance pay within six months of the establishment of Chunghwa Post may receive a maximum lump sum of one month’s advance notice period pay (a type of payment usually granted in lieu of advance notice of employment termination) plus six months’ salary; one month’s salary pay shall be deducted for each month of delay in filing applications, starting from the date of the establishment of Chunghwa Post. For employees who have reached retirement age, the total of the aforementioned allowance due them shall be based upon the number of months they have retired early. Days less than a month shall not be calculated.
(2) Employees who applied for early retirement incentives or dismissal with severance pay in February or March of 2003 shall have their cases reported to the MOTC before being passed on to the Executive Yuan for approval; and they shall receive six months’ salary. For employees who applied for early retirement incentives or dismissal with severance pay in April or May of 2003, the regulations hereof shall apply.
(3) The advance notice period pay as mentioned in the first item hereof shall be calculated in accordance with the average wage of the six months before the retirement or dismissal with severance pay. The total of the wages as mentioned in the first item hereof shall be based on the total of the employees’ rank pay and position pay for those who receive their monthly pension in accordance with the Act Governing the Retirement of and Posthumous Relief for Employees of Postal and Communications Enterprises under the MOTC; or in accordance with the average wage of the six months before the retirement or dismissal with severance pay for those who choose to receive their pension payments based on the Labor Standards Act or their severance pay based on Guidelines Governing the Dismissal with Severance Pay for Postal Organization Employees.
(4) Those who fill another post in other civil service entities within six months of retirement or dismissal with severance pay shall hand over the allowance received (whether for retirement or dismissal with severance pay, after deducting the allowances for those months between leaving the old job and filling the new post) to the new civil service entities who will in turn return the money to Chunghwa Post.
(5) When receiving the allowance, an employee shall submit an affidavit in which the aforementioned regulations are noted.