Labor Pension Act Article 38

When an employee has resigned and becomes re-employed, the new employer shall be their proposer of the Annuities Insurance contract and shall continue to pay the premium. When the contribution rates to the Annuities Insurance premium born by the new employer and the previous employer are not the same, the employee shall be responsible for the difference. However, the foresaid provision shall not apply if the new employer is willing to pay the difference.If the new employer of the employee referred to in the preceding paragraph does not purchase the Annuities Insurance, they shall contribute to the labor pension account according to Article 6, Paragraph 1. Unless a separate agreement between the employer and the employee is made, the employee shall be responsible for the full amount of the premium of the Annuities Insurance plan. When the employee cannot pay the premium, the continuity of the Annuities Insurance contract shall be dealt with in accordance with the Insurance Act and the foresaid insurance contract.When an employee referred to in Paragraph 1 has resigned and becomes re-employed, they may choose to have the new employer contribute to their labor pension account in accordance with Article 6, Paragraph 1.When a worker is covered by different pension mechanisms after resigning and gaining re-employment, and if they choose to transfer the reserved policy value of the Annuities Insurance to their individual pension account or transfer the principal and accumulated returns in their individual pension account to Annuities Insurance plan, the full amount shall be transferred. The period for depositing pension funds that they have contributed shall not be less than four years.
中文原文 勞工退休金條例第38條
勞工離職後再就業,所屬年金保險契約應由新雇主擔任要保人,繼續提繳保險費。
新舊雇主開辦或參加之年金保險提繳率不同時,其差額由勞工自行負擔。
但新雇主自願負擔者,不在此限。
前項勞工之新雇主未辦理年金保險者,應依第六條第一項規定提繳退休金。
除勞雇雙方另有約定外,所屬年金保險契約之保險費由勞工全額自行負擔;勞工無法提繳時,年金保險契約之存續,依保險法及各該保險契約辦理。
第一項勞工離職再就業時,得選擇由雇主依第六條第一項規定提繳退休金。
勞工離職再就業,前後適用不同退休金制度時,選擇移轉年金保險之保單價值準備金至個人退休金專戶,或個人退休金專戶之本金及收益至年金保險者,應全額移轉,且其已提繳退休金之存儲期間,不得低於四年。

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