勞工退休金事項,優先適用本條例。
This Act supercedes other laws and regulations with respect to labor pensions.
本條例未規定者,適用其他法律之規定。
Matters not provided herein shall be governed by other laws.
第2條 本條例所稱主管機關:在中央為行政院勞工委員會;在直轄市為直轄市政府;在縣(市)為縣(市)政府。
Article 2 For the purpose of this Act, the term "competent authorities" shall refer to the Council of Labor Affairs, Executive Yuan at the central government level, municipal city governments at the municipal city level, and county/city governments at the county/city level.
第3條 本條例所稱勞工、雇主、事業單位、勞動契約、工資及平均工資之定義,依勞動基準法第二條規定。
Article 3 The terms "employee," "employer," "business entity," "labor contract," "wage," and "average wage" referred to in this Act shall have the same meanings as those defined in Article 2 of the Labor Standards Law.
第4條 中央主管機關為勞工退休基金之審議、監督、考核以及有關本條例年金保險之實施,應組成勞工退休基金監理委員會(以下稱監理會)。
Article 4 The central competent authorities shall establish the Labor Pension Fund Supervisory Committee (hereafter referred to as the "Supervisory Committee") to review, supervise, and audit all matters related to the Labor Pension Fund and to implement the annuity insurance scheme under this Act.
監理會應獨立行使職權,其組織、會議及其他相關事項,另以法律定之。
The Supervisory Committee shall exercise its authority independently.
Its organization, meetings, and other relevant matters shall be prescribed by other laws.
監理會成立後,勞動基準法第五十六條第二項規定勞工退休基金管理業務,歸入監理會統籌辦理。
After the establishment of the Supervisory Committee, the management of the Labor Pension Fund as established in accordance with Paragraph 2, Article 56 of the Labor Standards Law shall be coordinated and handled by the Supervisory Committee.
第5條 勞工退休金之收支、保管、滯納金之加徵、罰鍰處分及其強制執行等業務,由中央主管機關委任勞工保險局(以下稱勞保局)辦理之。
Article 5 After the promulgation of this Act, the central competent authorities shall engage the Bureau of Labor Insurance to take charge of the collection, payment, and custody of the Labor Pension Fund, the imposition of delay penalties and fines, and the compulsory execution thereof.
第6條 雇主應為適用本條例之勞工,按月提繳退休金,儲存於勞保局設立之勞工退休金個人專戶。
Article 6 Employers shall contribute on a monthly basis to the Labor Pension Fund by contributing into the individual pension fund accounts at the Bureau of Labor Insurance for those employees who are subject to this Act.
除本條例另有規定者外,雇主不得以其他自訂之勞工退休金辦法,取代前項規定之勞工退休金制度。
Unless otherwise provided under this Act, an employer shall not create its own labor pension fund contribution mechanism to replace the labor pension fund contribution mechanism set forth in the preceding paragraph.
第二章制度之適用與銜接
Chapter 2 The Application and Transition of the Pension Mechanism
第7條 本條例之適用對象為適用勞動基準法之本國籍勞工。
Article 7 All domestic employees who are subject to the Labor Standards Law shall be subject to this Act, excluding those employees whose pension funds shall be set aside in accordance with the Private School Law.
但依私立學校法之規定提撥退休準備金者,不適用之。
Article 7 All domestic employees who are subject to the Labor Standards Law shall be subject to this Act, excluding those employees whose pension funds shall be set aside in accordance with the Private School Law.
實際從事勞動之雇主及經雇主同意為其提繳退休金之不適用勞動基準法本國籍工作者或委任經理人,得自願提繳,並依本條例之規定提繳及請領退休金。
Employers who actually perform labor work, domestic employees who are not subject to the Labor Standards Law, and have obtained their employers′ consent to contribute to the pension funds for them, and commissioned managers may voluntarily make contributions and claim for pension fund payments in accordance with this Act.
第8條 本條例施行前已適用勞動基準法之勞工,於本條例施行後仍服務於同一事業單位者,得選擇繼續適用勞動基準法之退休金規定。
Article 8 Those employees who were subject to the Labor Standards Law prior to the enforcement of this Act and still work for the same business entity after the enforcement of this Act may choose to remain to be subject to the pension mechanism under the Labor Standards Law;
但於離職後再受僱時,應適用本條例之退休金制度。
provided, however, that, if they leave their current employer and are re-employed, they shall then be subject to the pension mechanism under this Act.
公營事業於本條例施行後移轉民營,公務員兼具勞工身分者繼續留用,得選擇適用勞動基準法之退休金規定或本條例之退休金制度。
A civil servant who is concurrently an employee and continuously works for an entity that was a government-owned enterprise but is privatized after the enforcement of this Act may choose to be subject to the pension mechanism under the Labor Standards Law or the pension mechanism under this Act.
第9條 雇主應自本條例公布後至施行前一日之期間內,就本條例之勞工退休金制度及勞動基準法之退休金規定,以書面徵詢勞工之選擇;
Article 9 Within the period from the promulgation of this Act to one day prior to the enforcement of this Act, employers shall inquire their employees in writing with respect to their choices between the pension mechanism under this Act or that under the Labor Standards Law.
勞工屆期未選擇者,自本條例施行之日起繼續適用勞動基準法之退休金規定。
Those employees who have not made a specific choice by the expiration of the prescribed period shall remain to be subject to the pension mechanism under the Labor Standards Law as of the date of enforcement of this Act.
勞工選擇繼續自本條例施行之日起適用勞動基準法之退休金規定者,於五年內仍得選擇適用本條例之退休金制度。
Those employees who choose to remain to be subject to the pension mechanism under the Labor Standards Law may choose to be subject to the pension mechanism under this Act within five years therefrom.
雇主應為適用本條例之退休金制度之勞工,依下列規定向勞保局辦理提繳手續:
Regarding the contributions to the Labor Pension Fund, employers shall apply with the Bureau of Labor Insurance for those employees who are subject to the pension mechanism under this Act in accordance with the following provisions:
一、依第一項規定選擇適用者,應於本條例施行後十五日內申報。
1.
For those employees who choose to be subject to the pension mechanism under this Act in accordance with Paragraph 1 of this Article, the application shall be filed within 15 days from the date of enforcement of this Act.
二、依第二項規定選擇適用者,應於選擇適用之日起十五日內申報。
2.
For those employees who choose to be subject to the pension mechanism under this Act in accordance with Paragraph 2 of this Article, the application shall be filed within 15 days from the date of choosing.
三、本條例施行後新成立之事業單位,應於成立之日起十五日內申報。
3.
For those business entities incorporated after the enforcement of this Act, the application shall be filed within 15 days from its incorporation.