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Amendments to Some of the Regulations for Creating Employment Stability for Middle-Aged and Elderly Employees by Ministry of Labor Order No. 1120512739A on September 4, 2023

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Article 5 An employer which assigns according to the previous article its middle-aged employees or elderly employees to participate in vocational training shall submit the following documents and information to the central competent authority for review:
1. Application form;
2. The training plan covering the entire calendar year, which shall contain the potential trainees and the summary statement of the budget estimate;
3. Photocopy of the registration certificate which shows that the employer is established according to the law;
4. Photocopies of the payment slip of the labor insurance premiums and detailed statement for the most recent period;
5. The business tax payment certificate of the most recent period or certificate of no tax violations and tax arrears; and
6. Any other document or information required by the central competent authority.
The employer shall take into consideration the rights of middle-aged employees or elderly employees at all levels so as to ensure workers at the entry level to have the right to receive occupational training.
After the training plan set forth in Subparagraph Two of Paragraph One has been approved, the employer shall record into the subsidy for training to be handled by enterprises information system three days before the scheduled training date and also report the training courses which were carried out in the previous month before the 10th day of each month.
In the event that the employer changes the contents of the training courses, it shall apply to the central competent authority for the change three days before the scheduled training date.
If the documents and information specified in Paragraph One are not fully submitted, the employer shall complete the omitted documents or information before the stipulated deadline notified by the central competent authority. If the said documents and information are still not completed by the deadline, the employer’s application shall be rejected.
Article 7 After the training plan submitted by an employer according to Article 5 has been reviewed, approved, and fully implemented, the employer shall submit the following documents and information to the central competent authority to apply for subsidies in the same calendar year:
1. Photocopies of receipts or certificates of payments and cover page of the passbook;
2. Roster of the actual participants;
3. Detailed statement of the implementation of the training plan and related expenditures as well as a performance report;
4. Receipts of expenditures and related itemized statements;
5. Training records; and
6. Any other document or information required by the central competent authority.
Article 13 An employer filing application for job accommodation or provision of assistive occupational devices according to Article 11 shall submit the following documents and information to the competent authority for review:
1. Application form;
2. Photocopy of the registration certificate which shows that the employer is established according to the law;
3. Photocopies of certificate of labor insurance coverage, labor occupational accident insurance coverage or employment certificate; and
4. Any other document or information required by the central competent authority.
If the documents and information specified in the preceding paragraph are not fully submitted, the omitted documents or information shall be completed by the stipulated deadline notified by the competent authority. If the said documents and information are still not submitted by the deadline, its application shall be rejected.
Article 15 An employer applying for the subsidy according to Article 13 shall submit the following documents and information within 30 days after the subsidized item has been fully implemented in order to apply to the competent authority for disbursement and expenditure verification:
1. Photocopy of approval letter;
2. Receipt;
3. Performance report;
4. Accounting report or list of revenues and expenditures; and
5. Invoices or receipts, else of expenditures.
If the documents and information set forth in the preceding paragraph are not fully submitted, the employer shall complete the omitted documents or information by the stipulated deadline notified by the competent authority. If the said documents or information are not completed by the deadline, the application shall be rejected.
Article 20 An employer applying for the subsidy prescribed in Article 21 of the Act shall meet the following requirements:
1. The said employer shall continue to employ the employees who meet the requirement set forth in Subparagraph One of Paragraph One of Article 54 of the Labor Standards Act and the number of such employees shall reach 30% of the total employees who meet the aforementioned requirement. Under special circumstances, as announced by the central competent authority and continues to use these rates, this limitation shall not apply to specific businesses and proportions of employees subject to continuous employment;
2. The employer intends to continue to employ the said employees for more than six months; and
3. The employee’s salary during the period of continuous employment may not be lower than his or her original salary.
The employee referred to in Subparagraph One of the preceding Paragraph may not be the spouse or a relative by blood within the third degree of the employer.
Article 21 An employer meeting the requirements set forth in the preceding article shall submit the following documents and information to the public employment service agency to apply for the subsidy for continuous employment for the following year within the scope of the total subsidy and during the application period announced by the central competent authority every year, and the application will be sent to the central competent authority for review:
1. Application form;
2. Continuous employment plan;
3. Photocopy of the registration certificate which shows that the employer is established according to the law;
4. Labor insurance certificate or labor occupational accident insurance certificate of the employee who is subject to continuous employment;
5. Certificate of salary of the employee who is subject to continuous employment for the most recent three months; and
6. Any other document or information required by the central competent authority.
The employer shall submit the employment certificate and salary certificate during the period of continuous employment as well as the photocopy of the approval letter issued by the central competent authority to apply to the public employment service agency for the subsidy for continuous employment within 90 days upon the expiry of the six-month period of continuous employment.
An employer having applied for the subsidy in Paragraph One may not apply for any allowance or subsidy which has similar nature with those in these regulations.
Article 27 These regulations shall enter into force on December 4, 2020.
The amendments to these regulations shall take effect from the date of publication.