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Q：
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How can employees determine whether they are subject to the new or old retirement system?
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A：
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Employees who started their employment on or after July 1,2005, are automatically subject to the new retirement system. Employees who started before July 1, 2005, and did not choose to be subject to the new retirement system will continue to be governed by the old system.
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Q：
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If an employee chooses the new retirement system, does their old pension contribution history disappear, and can they request the employer to settle the old pension contributions or refuse?
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A：
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If the employee has been continuously employed by the same employer and has not left the company, the old pension contribution history will not be erased. When the employee opts for the new retirement system, the employer is required to retain the old pension records. The employee can request the old pension or severance pay when they meet the eligibility criteria under the Labor Standard Act. However, to settle the old pension contributions, both the employee and employer must agree. Neither party can be forced into the settlement, and the employer is not obligated to agree to a settlement.
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Q：
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Is it legal for an employer to deduct the employer’s 6% contribution to the labor pension from an employee’s salary?
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A：
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No, this is not legal. By law, the employer is required to contribute at least 6% of the employee’s monthly salary to the labor pension, and the employer must bear the full amount. It is illegal for the employer to deduct this from the employee’s salary. If the employer does so, resulting in incomplete payment of wages, it violates the provisions of the Labor Standards Act.
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Q：
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The employer says the company has only three employees and is not required to enroll in labor insurance, so there is no need to contribute to the labor pension for employees. Is this correct?
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This is incorrect. Any employee who is subject to the Labor Pension Act must have mandatory contributions to the new labor pension system, regardless of whether the company provides labor insurance. The employer is obligated to contribute to the labor pension for their employees.
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Q：
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If an employee has already retired and is receiving labor insurance pension benefits, does the employer still need to contribute to the labor pension if the employee returns to work? When can the employee claim the labor pension?
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A：
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The employee’s retirement benefits from the labor insurance bureau are the “old-age benefits” under labor insurance, not the labor pension. The “old-age benefits” and the “new retirement system” are two different systems, providing dual protection. As long as the employee is subject to the Labor Pension Act, they are still required to receive mandatory contributions to the new retirement system, even if they have already received labor insurance old-age benefits. The employer is still obligated to contribute to the labor pension. The employee can claim the labor pension from the labor insurance bureau once they turn 60 years old.
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FAQ
