Act of the establishment of State-Run International Airport Park Corporation Limited Article 11

The CAA staff members responsible for the affairs of the airport (hereafter referred to as the Original Agency) before its reorganization to become Airport Corporation as well as the personnel of the original Airport, apart from the ones with civil service status and requesting the Ministry of Transportation and Communications for transfer to other agencies or organizations, shall all be transferred to Airport Corporation on the date Airport Corporation is established. Those who choose to be laid off, resign or retire within seven months from the date Airport Corporation is established shall receive an indemnity. The amount of the indemnity shall be proportional to the number of months, up to seven months, the lay-off, resignation or retirement takes effect after the date Airport Corporation is establishedThe indemnity described in the preceding paragraph shall be the total salary for the number of months before retirement for people who will soon be due for retirement. For contract-based workers the amount shall be the total salary for the number of months before the contract expires. For those whose early separation from employment disqualifies them for Civil Servant and Teacher Insurance (hereafter referred to as the Government Employee Insurance) retirement benefits, there shall be an extra compensation for their loss in Government Employee Insurance standing.When the personnel who choose to be laid off, resign or retire as described in Paragraph 1 are gainfully employed again in a government agency or an administrative legal person within seven months after the said lay-off, resignation or retirement, the employing government agency or administrative legal person shall retrieve the indemnity at the corresponding ratio. The said new employing government agency or administrative legal person shall deduct the already claimed compensation for loss in insurance standing when the said personnel apply for and receive Government Employee Insurance retirement benefits as a result of the new employment. The deducted sum shall be returned to the CAA Operating Fund. The retrieval and deduction shall be exempt from the restrictions on ceding or withholding of insurance benefits or use of insurance benefits to offset debts or as collaterals, as regulated in Article 18 of the Civil Servant and Teacher Insurance Act. In the event that the retirement benefits claimed are less than the already received compensation, only the retirement benefits claimed shall be returned.The Benefit payment criteria prescribed in Article 14 of the Civil Servant and Teacher Insurance Act shall apply in the calculation of the compensation for the loss in Government Employee Insurance standing described in the two preceding paragraphs.The amount of the indemnity described in Paragraph 1, in the case of a non-executive civil servant or caretaker, refers to the regular pay and technical or professional allowance disbursed for the month in which the lay-off, resignation or retirement takes effect, while for personnel of executive levels an extra special responsibility allowance shall be added. In the case of employment separation of people hired under the Contract-based Worker Employment Act or the Contract-based Worker Employment Regulations for Contract Employees of the Executive Yuan and Its Subordinate Agencies, the amount of said indemnity refers to the monthly pay.The Ministry of Transportation and Communications shall establish regulations to govern the durations and objects of the favorable measures prescribed in Paragraph 1, 2 and 3 and other related matters.Except voluntary separation from employment, workers transferred to Airport Corporation as described in Paragraph 1 may not be laid off on the ground that Airport Corporation is a new establishment. Their length of service, salary, retirement, severance, survivor relief and work conditions shall be sustained.
中文原文 國營國際機場園區股份有限公司設置條例第11條
交通部民用航空局及所屬改制機場公司之航空站(以下簡稱原機關)於該公司成立之日隨同業務移撥之現職人員,除具有公務人員任用資格者,得由交通部依其個人意願協助安置轉調其他機關(構)外,均轉調機場公司。
但於該公司成立之日起七個月內自願退休、資遣或離職者,最高加發七個月慰助金。
自成立之日起,每延後一個月減發一個月之慰助金,遞減至期滿為止。
前項慰助金之發給,已達屆齡退休之人員,依其提前退休之月數發給之;聘僱契約將屆滿人員,依其提前離職之月數發給之。
不符請領公教人員保險(以下簡稱公保)養老給付者,另發給公保年資損失補償。
第一項人員於退休、資遣或離職生效日起七個月內,再任有給公職或行政法人職務時,應由再任機關或行政法人按比率收繳原加發之慰助金。
所領之公保年資損失補償,於其將來再參加公保領取養老給付時,承保機關應代扣原請領之補償金,並繳還民航事業作業基金,不受公教人員保險法第十八條不得讓與、抵銷、扣押或供擔保之限制。
但請領之養老給付較原請領之補償金額低時,僅繳回所領之養老給付同金額之補償金。
前二項公保年資損失補償,準用公教人員保險法第十四條規定之給付基準發給。
第一項所稱慰助金,於具公務人員及工友身分者,指退休、資遣或離職當月所支本(年功)俸(餉)、技術或專業加給,主管人員另加計主管職務加給;依聘用人員聘用條例及行政院暨所屬機關約僱人員僱用辦法聘僱者,指月支報酬。
第一項至第三項優惠措施之實施期間、適用對象及其他有關事項之辦法,由交通部另定之。
第一項轉調機場公司人員,除自願離職者外,不得因機場公司成立予以裁員;其服務年資、薪資、退休、資遣、撫卹及勞動條件等,應予維持。

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