Labor Conditions

I. What is the definition of the scope of Act Governing the Appointment of Civil Servants and Act Governing the Appointment of Contracted Personnel?

In order to be deliberate, School will confirm with Ministry of Civil Service, Central Personnel Administration of Executive Yuan, and Ministry of Education to make sure whether the regulations made by the departments of School are within the scope of “Act Governing the Appointment of Civil Servants”.

II. Does the public universities and public academic research institutions’ recruitments of domestic or foreign excellent employees in a high-tech industry (such as lecture course personnel, visiting personnel or researchers), post-doctoral research talents, or research assistants apply to the scope of Labor Standards Act?

School has to confirm that whether the appointment of personnel mentioned above is in accordance with the regulations of “Act Governing the Appointment of Civil Servants”. As to the relationship between employer and employee (whether the labor works under employment relationship or mandatory relationship), it shall be defined according to the laboring fact of each case. If there is any controversy, School can ask the local administrative authorities for help.

III. Does the public school’s appointment of part-time, probation, and substitute teachers (not appointed in accordance with Statute Governing the Appointment of Educators) apply to the scope of Labor Standards Act?

First, School has to confirm that whether the appointment of personnel mentioned above is in accordance with the regulations of “Act Governing the Appointment of Civil Servants”. Then School has to confirm that whether the relationship between employer and employee is employment relationship or not.

IV. Are part-time students appointed by the public agencies or institutions applied to the scope of Labor Standards Act? Can the public agencies or institutions sign a regular contract with these part-time students?

The part-time students appointed by the public agencies or institutions are regarded as temporary workers who are not within the scope of “Act Governing the Appointment of Civil Servants”. As to whether the part-time students work under employment relationship or not, it shall be defined according to the laboring fact of each case. In addition, whether can the part-time students sign a regular contract with their employers or not shall be defined in accordance with the regulations of Labor Standards Act.

V. Does the personnel appointed through the employment promotion program or living support policy (such as ‘communal employment program’, ‘developing program of multiple employment’, ‘temporary work allowance’, ‘work relief program’) apply to the scope of Labor Standards Act?

The personnel who are appointed through ‘communal employment program’, ‘developing program of multiple employment’, ‘temporary work allowance’ are regarded as ‘work relief program’ that is categorized into the scope of public support and thus are not applied to Labor Standards Act yet.

VI. What is the age of retirement regulated by Labor Standards Act?

According to the amendment to Articles 54 per Presidential Decree No. Hua-Zong-Yi-Yi-Zi-09700055071 dated May 14^th, 2008, an employer shall not force a worker to retire unless the worker attains the age of sixty-five. As a result, the regulated age of retirement for janitor is extended to the age of sixty-five.