Labor Pension Act Article 12

When workers who are covered by the pension system of this Act and whose seniority is applicable after this Act is implemented, are terminated by labor contract in accordance with Article 11, the proviso of Article 13, Article 14 and Article 20 of the Labor Standards Act or Article 23 and Article 24 of Protection of Workers Suffering from Occupational Injuries and Diseases Act, they shall have their severance pay paid by the employer based on their seniority: an amount equal to half a month of average wages for every full year of employment, and in proportion for a period of employment lasting less than one full year; the foresaid severance shall not exceed more than six months of average wages, and is not covered by Article 17 of the Labor Standards Act.Severance pay calculated pursuant to the preceding Paragraph shall be paid within 30 days upon the termination of a labor contract.Workers choosing to continue to be covered by the pension regulations of the Labor Standards Act shall have their severance paid in accordance with Article 17, Article 55 and Article 84 of the Labor Standards Act.
中文原文 勞工退休金條例第12條
勞工適用本條例之退休金制度者,適用本條例後之工作年資,於勞動契約依勞動基準法第十一條、第十三條但書、第十四條及第二十條或職業災害勞工保護法第二十三條、第二十四條規定終止時,其資遣費由雇主按其工作年資,每滿一年發給二分之一個月之平均工資,未滿一年者,以比例計給;最高以發給六個月平均工資為限,不適用勞動基準法第十七條之規定。
依前項規定計算之資遣費,應於終止勞動契約後三十日內發給。
選擇繼續適用勞動基準法退休金規定之勞工,其資遣費與退休金依同法第十七條、第五十五條及第八十四條之二規定發給。

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