Chapter Six Workplace Learning and Re-adaptation Allowance
Article 31
If an unemployed middle-aged person or an unemployed elderly person has registered employment request in person with the public employment service agency, the public employment service agency may refer the said person to the recruiting unit for workplace learning and re-adaptation after evaluation.
Article 32
The recruiting unit referred to in the preceding article shall mean civil associations, private enterprises, public enterprises, non-profit organizations or academic research institutions which have been registered or issued with establishment permits according to the law, excluding political groups or political parties.
The recruiting unit shall submit the workplace learning and re-adaptation plan to its local public employment service agency, it shall employ the middle-aged person or an elderly person referred by the public employment service agency after the latter reviews and approves the submitted plan.
After the plan has been fully executed, the recruiting unit may apply to the public employment service agency for workplace learning and re-adaptation allowance as well as the recruiting unit’s administrative management and counseling fees.
Article 33
The recruiting unit shall not employ the referred person at a wage lower than the minimum wage announced by the central competent authority during the period in which the recruiting unit is receiving the workplace learning and re-adaptation allowance.
The workplace learning and re-adaptation allowance shall be calculated and disbursed on the basis of the minimum wage per hour which shall not exceed the minimum wage per month.
The period for receiving the allowance set forth in the preceding paragraph shall not exceed three months. However, in the case of an elderly person, the period may be extended to six months after the said person has been evaluated by the local public employment service agency.
The periods in which a middle-aged person or an elderly person changed workplace learning and re-adaptation unit shall be added up. The maximum period shall be up to six months in a two-year period.
Article 34
In the event that a recruiting unit applies to the public employment service agency for the administrative management and counseling fees according to Article 32 herein, the amount shall be 30% of the actually disbursed workplace learning and re-adaptation allowance.
Article 35
The recruiting unit shall submit the following documents and information to the public employment service agency in the local jurisdiction district to apply for the allowances and subsidies set forth in Article 32 within 60 days after the unit has fully executed the plan or the plan has been terminated by the public employment service agency:
1. Photocopy of the plan approval letter.
2. Receipt.
3. Collection list of allowances, administrative management and counseling fees, and records of work guidance.
4. Sign-in form of participating persons or photocopy of document sufficient to prove the participants’ participation in the plan.
5. Application form for labor insurance and labor occupational accident insurance of the participating persons or other documents serving as proof of insurance.
6. Photocopy of the approval letter of subsidy extension.
7. Photocopy of document showing that the recruiting unit has already employed the full number of persons with disabilities and indigenous persons required by the People with Disabilities Rights Protection Act and the Indigenous People’s Employment Rights Protection Act, or photocopy of document showing the payment of the difference in subsidies and cash equivalent.
8. Other documents and information required by the central competent authority.
Article 36
The number of persons based on whom the recruiting unit may receive a workplace learning and re-adaptation allowance from the public employment service agency shall be subject to the following restrictions:
1. The number of persons shall not exceed 30% of the total number of employees insured under labor insurance, employment insurance, and labor occupational accident insurance during the month preceding the date when the recruiting unit makes the application, and if there is less than one person, it shall be counted as one person. However, if the total number of employees is fewer than 10, the maximum number of persons to be subsidized shall be three persons.
2. The maximum number of persons employed by the same recruiting unit who may be subsidized in each calendar year shall be no more than 10 persons.
Article 37
The public employment service agency may revoke or cancel all or part of the subsidies to a recruiting unit depending on the severity of the violation if the recruiting unit, which applies and receives the workplace learning and re-adaptation allowance as well as administrative management fees and counseling fees, has any of the following situations; however, that the recruiting unit has already received the payment, the public employment service agency shall order the recruiting unit to return the payment within the stipulated deadline:
1. The recruiting unit employs the spouse or a relative by blood within the third degree of the responsible person;
2. The recruiting unit employs a person who has left the same recruiting unit for less than a year;
3. The employed person has already received employment promotion subsidy or allowance of the same nature from the government agency at the same period of time; or
4. The recruiting unit employs an unemployed person who is not referred by the public employment service agency.