Chapter I General Provisions
Article 1
The 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.
The 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.
Article 2
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.
Article 3
The terms used in the Act are defined as follows:
1.“Middle-Aged and Senior persons”: means persons at the age of forty-five to sixty-five.
2.“Elderly persons”: means persons at the age no fewer than sixty-five.
3.“Employee”: means a person hired by an employer to work with salary.
4.“Job Applicant”: means a person applying for job to an employer.
5.“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.
Article 4
The Act shall be applicable to any of the following persons no fewer than forty-five years old:
1.The citizens of the Republic of China.
2.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.
3.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.
Article 5
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.
Article 6
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.
Article 7
The 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.
The employment plans specified in the preceding paragraph shall include the following:
1.Promoting job accommodation for the Senior and Middle-Aged Persons and the Elders.
2.Constructing a friendly workplace for the Senior and Middle-Aged Persons and the Elders.
3.Improving occupational safety measures and the use of assistive devices for the Senior and Middle-Aged Persons and the Elders.
4.Providing vocational training to enhance the professional knowledge and competence of the Senior and Middle-Aged Persons and the Elders.
5.Providing incentives for employers to employ the unemployed Senior and Middle-Aged Persons and Elders.
6.Promoting delayed retirement and re-employment after retirement for the Senior and Middle-Aged Persons and the Elders.
7.Promoting senior talents services.
8.Publicizing employers’ responsibilities and employees’ employment and retirement rights.
9.Promoting part-time work models for the Senior and Middle-Aged Persons and the Elders.
10.Other matters related to improving the employment of the Senior and Middle-Aged Persons and the Elders.
The local competent authorities shall promote the employment of the Senior and Middle-Aged Persons and the Elders by connecting to the industry characteristics of their jurisdiction according to the employment plans specified in the preceding two paragraphs.
Article 8
The 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.
Any 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.
Article 9
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.
Article 10
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.
Article 11
The competent authority shall promote the international interactions and cooperation related to the employment of middle-aged and senior persons and elderly persons.