History

These regulations are formulated according to Paragraph Two of Article 40 of the Middle-Aged and Elderly Employment Promotion Act (“hereinafter referred to as the “Act”).

These regulations shall apply to the following objects:
1. Private enterprises, non-profit organizations and civil associations which are incorporated, registered or issued with establishment permits according to the law.
2. Practitioners whose job is to promote employment of the middle-aged persons and elderly persons (hereinafter referred to as the “Practitioners”);
These regulations shall not apply to government agency (institution), state-owned enterprises and their workers.

The objects for evaluation purpose in the preceding article shall be categorized into two groups of units with outstanding performance and outstanding Practitioners.
The units with outstanding performance shall be further categorized into four groups according to their nature of organization and scale:
1. Small- and medium-sized enterprises: enterprises which have perfected company incorporation or business registration in accordance with the law and meet the standards of small- and medium-sized enterprises;
2. Large enterprises: enterprises which have perfected company incorporation or business registration in accordance with the law and are not small and medium enterprises;
3. Small and medium institutions, non-profit organizations or associations: institutions, organizations, associations, clinics or district hospitals which regularly employ fewer than 100 employees; and
4. Large intuitions, non-profit organizations or associations: institutions, organizations, associations, regional hospitals or medical centers which regularly employ 100 or more employees.

Any unit which registers for the group of units with outstanding performance shall meet the following requirements:
1. The unit has actively employed the middle-aged persons and elderly persons and has enhanced their employment stability with specific merits;
2. The unit has perfected the registration or obtained the establishment permit according to law for three full years and is still in operation;
3. The unit has paid labor insurance premiums and national health insurance premiums, allocated workers’ retirement fund and reserved workers’ pension according to the law;
4. The unit has employed the full number of persons with disabilities and indigenous persons as required by the People with Disabilities Rights Protection Act and the Indigenous Peoples Employment Rights Protection Act, or has already paid the differences of aids and vouchers; and
5. The unit has not violated any labor related law or regulation in serious manner for the past two years.
Anyone who registers for the group of outstanding Practitioners shall have worked in the field to promote the employment of the middle-aged persons and elderly persons for at least three full years with specific merit and is currently working in the same field by the recommendation of relevant unit or staff.

The objects set forth in Article Two shall submit the following documents and information to participate in the evaluation:
1. Basic Information Form;
2. Written explanation of specific merits or achievements which will assist the employment of the middle-aged persons and elderly persons; and
3. Any other document or information required by the competent authority.
The required documents and information, the application period and evaluation procedure prescribed in the preceding paragraph shall be announced by the competent authority.

The competent authority shall establish and assemble an evaluation committee to undertake evaluation on the units with outstanding performance and outstanding Practitioners set forth in Article 3.
The evaluation committee in the preceding paragraph shall have 11 to 19 committee members with its composition set out below:
1. Five to eight experts and academics;
2. Five to Eight representatives from human resource managers and non-profit organizations; and
3. One to three representatives from the competent authorities.
The members of the same gender may not be less than one third of the total number of the committee members.

The evaluation of the units with outstanding performance and outstanding Practitioners in these regulations shall be based on the following items:
1. Having established and promoted friendly employment mechanism for the middle-aged persons and elderly persons;
2. Having adopted measures for enhancing employment stability for the middle-aged persons and elderly persons;
3. Having implemented forward-looking or constructive measures for human resource development of the middle-aged persons and elderly persons by integrating the special features of the organization;
4. Having executed the items set out in the preceding three subparagraphs with effectiveness and influence; and
5. Having had any other achievement which can serve as an example.

The awards in these regulations are as follows:
1. Units with outstanding performance; and
2. Outstanding Practitioners.
The number of awarded winners in the preceding paragraph shall be determined by the evaluation committee. The evaluation committee may make adjustment or declare the award without a winner according to the status of participation.
The competent authority shall publicly commend the winners by presenting trophies (medals) as well as award money, and may subsidize the winners to participate in relevant activities of domestic or international exchanges handled by the competent authority.

The evaluation prescribed in Article 3 shall in principle be held every two years.

If a participant has any of the following circumstances within two years before the registration deadline, during the evaluation period or within two years after winning the award, the competent authority may revoke or disqualify the participant’s participation or winning of the award, and shall order the said participant to return the award money within the deadline:
1. The participant submitted forged, altered, untruthful or ineffective information;
2. The participant has violated the requirement set forth herein; or
3. The participant has violated any labor related law or regulation and the violation is serious.

The competent authority shall set aside the budget for the implementation of these regulations.

These regulations shall enter into force on December 4, 2020.