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New Labor Pension System

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Q1What are the regulations of the new labor pension system
A1
1. Employers shall contribute no less than six percent of workers’ monthly wages to individual labor pension accounts at the Bureau of Labor Insurance for workers who are eligible for the Labor Pension Act on a monthly basis.
2. In addition to the mandatory employers' contribution, workers may contribute voluntarily additional sums, up to a maximum 6% of their monthly wages to their pension accounts.

Q2What time does the new labor pension system apply to foreign professionals?
A2
1. In accordance with article 11 of the “Act for the Recruitment and Employment of Foreign Professionals” (Hereinafter referred to as “this Act”), foreign professionals who are hired to engage in professional work, and who have been approved for permanent residence by the National Immigration Agency, Ministry of the Interior, shall from the date of enforcement of this Act be included in the retirement pension system under the Labor Pension Act since February 8th, 2018.
2. According to the Labor Pension Act, permanent residents (including foreign professionals) who are employed and are applicable under the Labor Standards Act are targets of compulsory contribution since May 15th, 2019. Those who are not approved for permanent residence are not eligible.
3. The "Act for the Recruitment and Employment of Foreign Professionals" was amended and promulgated by the Presidential Decree on July 7, 2021. Article 14 adds provisions for foreign professionals approved for permanent residence in order to distinguish foreigners who have obtained permanent residence in accordance with the "Immigration Act" and use the new labor pension system. Article 22 of the "Act for the Recruitment and Employment of Foreign Professionals" stipulates that foreign professionals who have obtained permanent residence permits "in accordance with the provisions of this law" shall be included as applicable objects of the new labor pension system.

Q3How can foreign professionals confirm whether their employers have contributed labor pensions?
A3
1. According to Article 21 of the Labor Pension Act, the amount of contributions made by the employer shall be made known to the workers via a printed monthly notice. Foreign professionals can see the payments confirmed in the salary slip, or in other written form or by electronic means.
2. If the insured person owns the IC card type Citizen Digital Certificate issued by the Certificate Authority of the Ministry of the Interior (http://moica.nat.gov.tw) and has the card reader ready, foreign professionals can then enter the Bureau’s website (https://edesk.bli.gov.tw/na/) to inquire, Or go to the BUREAU OF LABOR INSURANCE or local offices for personal inquiries. 
3. Foreigners wanting to apply for the Aliens Citizen Digital Certificate can go to the special area for inquiries: http://moica.nat.gov.tw/other/index.html.

Q4How do foreign professionals claim their new labor pensions?
A4Workers aged 60 years and older, with a seniority of less than 15 years, may claim a lump-sum payment; those with a seniority greater than or equal to 15 years may choose to claim a lump-sum payment or monthly payments. Seniority referred to shall be calculated based upon the period in which the contributions to the pension have been made. If the seniority of an employee is interrupted, both the foreign professional’s seniority before and after the interruption shall be combined in calculation.

Q5Will the accumulated number of annual leave days for foreign professionals be affected by the application of the new labor pension system?
A5
1. In accordance with Article 22, Paragraph 3 of the "Act for the Recruitment and Employment of Foreign Professionals", their seniority prior to their inclusion in said system shall be treated in accordance with the provisions of Article 11 of the Labor Pension Act.
2. According to Article 11 of the "Labor Pension Act", those who still work for the same business entity after the enforcement of the Act and choose to be covered by the pension system of the Act, will have their seniority prior to their application to the Act preserved, so it will not affect the accumulated number of annual leave days.

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