Q:
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Are there any penalties for insured units in Taiwan that fail to declare employee participation in employment insurance as required, underreport employees’ insured wages, or fail to bear the cost of employee employment insurance as stipulated?
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A:
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Insured units that fail to process insurance procedures for their employees are subject to a penalty of ten times the amount of the insurance premium that should have been paid from the date of employment to the day before the insurance participation or the date of the employee’s departure.
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Insured units that report employees’ insured wages inaccurately, either by overreporting or underreporting, will be penalized four times the amount of the insurance premium shortfall or excess reported, from the date the discrepancy occurred. They must also reclaim any overpaid benefits and compensate the employees for any resulting losses.
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Insured units that do not bear the employee insurance costs as stipulated, causing the insured persons to bear these costs, will be fined twice the amount of the insurance premium that should have been paid. The insured units must also reimburse the insurance premiums to the insured persons.
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Q:
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Do cooperative education students at a hair salon need to participate in Taiwan’s employment insurance?
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A:
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Students in cooperative education do not have an employment relationship with the cooperative education unit, and therefore, are not applicable for employment insurance.
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Cooperative education units should still enroll cooperative education students in labor insurance.
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Q:
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What constitutes involuntary termination in Taiwan?
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A:
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1.
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Insured individuals are considered involuntarily terminated due to reasons such as the closure, relocation, suspension of operations, dissolution, or bankruptcy declaration by the insured unit.
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2.
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Under the Labor Standards Act, employers cannot terminate a labor contract without prior notice unless one of the following circumstances occurs:
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(a)
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The business is closing or being transferred.
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(b)
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The business is facing losses or downsizing.
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(c)
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There is a suspension of work for more than one month due to force majeure.
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(d)
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There is a change in the nature of the business that necessitates a reduction in the workforce and there are no suitable positions available.
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(e)
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The employee is conclusively unable to perform the tasks required by their role.
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3.
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Insured persons who leave employment upon the expiration of a fixed-term contract, are unable to find employment for more than one month and have worked for a total of at least six months during the year prior to their departure are considered to have been involuntarily terminated.
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Q:
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What is the maximum duration for unemployment benefits in Taiwan?
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A:
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The maximum duration for unemployment benefits is limited to six months. However, if the applicant is 45 years old or older at the time of leaving their job and withdrawing from this insurance or holds a disability certificate issued by the competent social welfare authority, the maximum duration can be extended to nine months.
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In cases of economic slump leading to mass unemployment or other emergency situations, the central competent authority may extend the duration of the benefits up to nine months after considering the unemployment rate and other factors. If necessary, this period can be further extended, but it must not exceed twelve months in total.
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According to the regulations, individuals who receive unemployment benefits and then rejoin the insurance scheme only to leave involuntarily before the end of the stipulated benefit period, can claim unemployment benefits.
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Those who have already received the full period of benefits and apply for unemployment benefits again within two years from the date of last receipt are limited to receiving only half of the original benefit period.
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Those who have received the full unemployment benefit period as per the regulations, their years of insurance coverage under this scheme will be recalculated starting anew.
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Q:
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During the period of claiming unemployment benefits in Taiwan, will having another job affect eligibility?
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A:
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According to the Employment Insurance Act, individuals who have other employment income during the period of unemployment or while receiving unemployment benefits must notify the public employment service agency when applying for or revalidating their unemployment status.
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If the insured person has another job during the unemployment period and their monthly income from that job exceeds the basic wage, they are not eligible to claim unemployment benefits. If their monthly income from the job does not exceed the basic wage, and the combined total of that income and the unemployment benefits exceeds 80% of their average monthly insured wage, the excess amount will be deducted from their unemployment benefits. However, if the total combined income is below the basic wage, no deductions will be made.
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