Regulations on Contracted Employment of the Executive Yuan and Its Subordinate Agencies Article 9

The provisions of the relevant laws and regulations in regard to pays, performance evaluation, pension, relief for the bereaved for the civil servant and insurance for the civil servant and teachers shall not be applicable to contract employees. However, in case of decease of the contract employee during the employment period, the relief for the bereaved may be offered in accordance with the following stipulations:1.Due to death from illness or by accident: to be calculated on the basis of the actual amount of monthly paid remuneration, and to offer the relief for the bereaved in the lump-sum amount of 13.5 months thereof.2.Due to death in the line of duty: to be calculated on the basis of the actual amount of monthly paid remuneration, and paid in the lump-sum amount of 27 months thereof. However, if the applicable pay rate is lower than 280, it shall be calculated on the basis of the amount of the pay rate of 280 multiplied by the conversion rate of the actual pay rate.For the circumstance of death in the line of duty set out in Subparagraph 2 of the preceding paragraph, the relevant provisions in regard to the pension, lay-off and relief for the bereaved for the public servant shall apply accordingly. In the event that the determination for the cause thereof is in doubt, each of the Agencies shall retain scholars or experts in the relevant fields to form a project review team to determine it.In the case of deceased contract employees, in addition to the relief for the bereaved offered according to the criterion set out in Paragraph 1, an additional funeral subsidy in the lump-sum amount of 7 months of the basic pay of grade 5 on the junior level of grade 5 for the civil servant at the time of his or her decease shall be offered.The order of the bereaved who may claim for the relief for the bereaved and funeral subsidy shall apply accordingly to the order of the bereaved who may claim for the pension under the Labor Pension Act. However, if the contract employee pre-designates the recipient in his or her will, the will shall apply. If there is no bereaved family and no recipients designated in the will, the agency that the deceased served in may receive the relief to handle the funeral matters first. If there is remaining amount, it shall belong to the public treasury.In case that the contract employee deceases due to death from illness or by accident during the period of temporary leaves without pay pursuant to the applicable law and regulations, the provisions under this article may apply.
中文原文 行政院與所屬中央及地方各機關約僱人員僱用辦法第9條
約僱人員不適用公務人員俸給、考績、退休、撫卹及公教人員保險等法規之規定;其在僱用期間死亡者,得依下列規定酌給撫慰金:
一、病故或意外死亡:以實際月支報酬金額為計算基準,給與十三又二分之一個月之一次給與。
二、因公死亡:以實際月支報酬金額為計算基準,給與二十七個月之一次給與。
但低於二八○薪點者,按二八○薪點乘以實際薪點折合率所得金額為計算基準。
前項第二款因公死亡之情事比照公務人員退撫法規相關規定,其事由之認定遇有疑義時,各機關應延聘相關領域之學者或專家,組成專案審查小組審認之。
約僱人員死亡,除依第一項基準酌給撫慰金外,並依其死亡時公務人員委任第五職等本俸五級之俸額計算,發給七個月之一次殮葬補助。
撫慰金及殮葬補助之遺族領受順序,比照勞工退休金條例遺屬請領退休金順位辦理。
但約僱人員生前預立遺囑指定領受人者,從其遺囑。
無遺族且無遺囑指定領受人者,得由原服務機關先行具領,辦理喪葬事宜,如有賸餘,歸屬公庫。
約僱人員依法令留職停薪期間因病故或意外死亡者,得依本條規定辦理。

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