Regulations for the Implementation of Laborer and Employment Adjusted Support in Response to Trade Liberalization Article 4

The laborers applying for determination of damage in accordance with Paragraph 2 of Article 12 of the Statute shall comply with the following conditions:1.The establishment and registration of the enterprise that the laborer worked for is at least two (2) years.2.The enterprise has not been determined as a damaged enterprise and is engaging in the business of offering goods or services identical to or directly competing against goods or services of market access.3.Within six (6) months prior to the application date, the laborer has had any of the following conditions:(1)The enterprise that the laborer worked for decreased the laborer’s wages, while the monthly insurance salaries have been continuously reduced for more than two (2) months, with more than twenty (20) percent reduction to the monthly insurance salaries when compared to the average monthly insurance salaries over the preceding three (3) months.(2)The enterprise that the laborer worked for has seen plant closure, suspension, dissolution or bankruptcy that caused the unemployment, or termination of the labor contract in accordance with Subparagraph 1 to 4 of Article 11 of the Labor Standards Act.(3)The applicant terminated the labor contract in accordance with Subparagraph 5 or 6 of Paragraph 1 of Article 14 of the Labor Standards Act.
中文原文 因應貿易自由化勞工就業調整支援措施實施辦法第4條
勞工依本條例第十二條第二項申請受損認定,應符合下列條件:
一、所屬企業登記設立滿二年。
二、所屬企業經營與市場開放項目相同或直接競爭產品或服務,且未經認定為受損企業者。
三、勞工於申請日前六個月內,有下列情事之一者:
(一)其所屬企業有減少勞工薪資,致其月投保薪資連續縮減二個月以上,縮減後之月投保薪資較縮減前三個月之平均月投保薪資減少百分之二十以上。
(二)其所屬企業有關廠、歇業、解散、破產宣告致勞工失業,或依勞動基準法第十一條第一款至第四款規定終止勞動契約。
(三)申請人依勞動基準法第十四條第一項第五款或第六款規定終止勞動契約。

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