The Taiwan International Ports Corporation, Ltd. Establishment Act Article 12

TIPC employees that take voluntary retirement, severance, or resignation within the first 6 months after TIPC incorporation shall be entitled to a maximum additional compensation of 7 months’ salary (inclusive, if applicable, of the 1 months’ salary guaranteed under the Labor Standards Act). Specific measures shall be set by the Ministry of Transportation and Communications and announced by the Executive Yuan.With regard to the aforementioned additional compensation, employees that had applied for early retirement who reach compulsory retirement age shall be eligible to receive an additional compensation amount calculated to the month at which they submitted their early retirement request in accordance with Article 16, Paragraph 2 of the Civil Servant Retirement Act. Compensation equal to one additional month shall be provided for each month of early retirement taken. Contract employees that take early leave shall be compensated based on the number of months already worked. Employees not eligible to receive national government employee and school staff insurance (GESSI) pension payments shall receive a GESSI salary loss offset.Employees described in paragraph 2 that are employed by a public agency within six months of retirement, severance, or resignation shall have their additional compensations (exclusive of the one months’ salary guaranteed by the Labor Standards Act) deducted by an appropriate ratio that shall be returned to the TIPC. Further, GESSI salary loss offset payments received should be deducted by that public agency from any future GESSI payments received as a result of GESSI enrollment and returned to the TIPC. This deduction shall not be subject to GESSI Act Article 18 restrictions with regard to the transfer, offset, seizure, or use as security of such payments. However, in cases where the currently requested pension value is less than the originally requested compensation, only compensation pension value received shall be returned.The GESSI salary loss offset in paragraph 2 may be provided in a lump-sum pension in accordance with the GESSI.The additional compensation in paragraph 2 may be issued as a single salary for employees (excluding contract employees). This single salary paid on a monthly basis shall be exclusive of allowances, additional payments, and awards. Contract employees shall be compensated on a monthly basis as stipulated by contract.Positions dealing with partnerships with outside agencies / organizations or schools that are reduced, merged, changed, or eliminated shall be eligible for retirement, severance or resignation benefits in accordance with relevant regulations. Those who receive additional compensation are not subject to rules regarding additional compensation in paragraph 2.Measures and responsibilities during implementation of the terms of paragraphs 2 through 4 shall be set by the Ministry of Transportation and Communications.Apart from those who voluntarily resign their positions, employees noted in paragraph 1 that transfer to the TIPC shall be guaranteed a position within TIPC and shall retain their accumulated years-in-service, current salary level, and retirement, severance, pension and other labor benefits.
中文原文 國營港務股份有限公司設置條例第12條
本條例施行前之交通部各港務局及其所屬機構(以下簡稱原機構)現職人員,除隨同業務移撥至航港主管機關外,具有公務人員任用資格者,得由交通及建設部依其個人意願協助安置轉調其他機關(構),其餘人員均轉調港務公司。
港務公司成立之日起六個月內自願退休、資遣或離職者,最高加發七個月薪給之慰助金(包括適用勞動基準法及選擇依勞動基準法規定標準給付之一個月預告工資),其辦法由交通及建設部擬訂,報請行政院核定。
前項慰助金之發給,已達屆齡退休(職)之生效至遲日在辦理優惠退離期間內者,其加發之慰助金,依提前退休(職)之月數發給;其提前月數之計算,依公務人員退休法第十六條第二項所定之至遲退休生效日往前逆算,每提前一個月退休者,加發一個月俸給總額之慰助金。
另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。
第二項人員於退休、資遣或離職生效日起六個月內,再任有給公職者,應由再任機關(構)按比例收繳原加發之慰助金(不含一個月預告工資),並繳回港務公司。
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,並繳回港務公司,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一次性養老給付計算基準發給。
第二項所稱慰助金,於實施用人費率單一薪給事業人員(聘用人員除外),指每月支領之單一薪給,不包括津貼、加給及獎金;依聘用人員聘用條例聘用者,指月支報酬。
曾配合機關(構)、學校業務調整而精簡、整併、改隸、改制或裁撤,依據相關法令規定辦理退休、資遣或離職,支領加發給與者,不適用第二項有關加發慰助金之規定。
第二項至第四項優惠措施之實施期間、適用對象及其他有關事項之辦法,由交通及建設部定之。
第一項轉調港務公司人員,除自願離職者外,不得因港務公司成立予以裁員;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.