Act Governing the Commissioning of the Operation of Public Schools at Senior High School Level or Below to the Private Sector for Experimental Education Article 14

The commissioned party shall recognize and continue the working conditions and already accumulated service period of each worker for whom the original school applied the provisions of the Labor Standard Act apply who transfers to the commissioned party on the date that the commission begins. If any such worker is not willing to transfer to the commissioned party, in accordance with the law the original school shall give them advance notice of the termination of their labor contract and pay severance pay or retirement payment in accordance with the provisions of the legislation that applies.The service staff currently engaged by the original school(including technicians and drivers; referred to below as “service staff at the original school”)in accordance with the current Directions Governing Management of Coworkers(formerly the Regulations Governing General Affairs)on the date that the commission begins may retain their position in accordance with the original regulations or they may transfer to the commissioned party. When service workers transfer to the commissioned party retire or leave with severance pay, the handling of their retirement or departure with severance pay that was governed by the ordinances that applied on the date that the commission begins shall change to being handled in accordance with the personnel management regulations of the consigned school.The relevant competent authority shall arrange work placements on a case by case basis for the service staff at the original school referred to in the preceding paragraph who are not willing to transfer to the commissioned party, and the organization(agency)where they are placed shall recognize and continue their already accumulated service period.
中文原文 公立高級中等以下學校委託私人辦理實驗教育條例第14條
原學校適用勞動基準法之勞工於委託日隨同移轉至受託人者,其勞動條件及工作年資,應由受託人繼續予以承認;其不願隨同移轉者,應由原學校依法預告終止勞動契約,並依適用法律規定給付資遣費或退休金。
原學校現有依工友管理要點(原事務管理規則)進用之工友(含技工、駕駛,以下簡稱原學校工友)於委託日得依原法規留用,或隨同移轉至受託人;隨同移轉至受託人者,於委託日依其適用之退休、資遣法令辦理退休、資遣,並改依受託學校人事管理規章辦理。
前項原學校工友不願隨同移轉至受託人者,應由各該主管機關專案安置,其工作年資並應由安置機關(構)繼續予以承認。

English translation for reference only; the Chinese text prevails. Not legal advice.