The amended Labor Pension Act officially took effect on May 17, 2019; the amended Act now applies to permanent resident foreigners. For all those who report for work as of May 17, 2019 or later and to whom the Labor Standards Act applies, the new Labor Pension system will apply. In such cases, employers must deposit at least 6% of such employees' salary per month under the new system Labor Pension into the employees' individual Labor Pension accounts.

The Bureau of Labor Insurance (BLI) further stated that, for permanent resident foreigners who reported for work before the amended Act took effect (that is, on May 16, 2019 or before) and to whom the Labor Standards Act applies, such permanent resident foreigners may choose to continue using the old labor pension system, but they must state such to their employers within six months (that is, by November 16, 2019). If they have not stated before the designated period elapses that the old system is to be applied, the new labor pension system shall be applied. The employer must then, in accordance with the law, file for and deposit the new system Labor Pension with the BLI Insurance within 15 days of the expiration of the designated period (i.e., before December 2, 2019).

It is worth noting that the Act for the Recruitment and Employment of Foreign Professionals took effect on February 8, 2018. For those subject to the new Labor Pension system in accordance with the provisions of that Act, the Act shall prevail; they are not allowed to propose to change the applied system based on the identity as permanent resident foreigners.

The BLI reminds employers that they must file for and deposit the new system Labor Pension in accordance with regulations, and make the deposit within the time limit to safeguard the laborers’ rights and interests. If it is not handled in accordance with the regulations, a fine will be imposed or late payment assessed, and relevant information such as the name of the unit and the name of the person in charge will be published in accordance with the law. Please pay extra attention!

Keywords: Permanent resident foreigners; Labor Pension Act; New Labor Pension System

The Ministry of Labor (MOL) issued a circular on September 27, allowing enterprises to adjust work and rest days according to the flex-time provisions in the Labor Standards Act. For enterprises whose attendance follows the work calendar for government administrative agencies, the same can then apply to their part-time workers.

The MOL pointed out that when flex-time was established, it targeted full-time workers; as for part-time workers, since their working hours were considerably reduced compared with those of full-time workers, the employers were already able to flexibly arrange workers' attendance systems according to the general regular working time regulations. As a result, in 2014, a circular stated that the flex-time provisions in the Labor Standards Act are not able to be applied to part-time workers.

The MOL further explained that the work calendar for government administrative agencies usually adjusts attendance using the concept of “one day for one day” to form consecutive days off. If a private enterprise wishes its attendance to follow the work calendar for government administrative agencies, then according to the Labor Standards Act, the flex-time system must be adopted. However, when an enterprise implements the flex-time system to follow the work calendar for government administrative agencies, if the system cannot be similarly applied to the part-time workers, it might affect the enterprise's overall order and make it difficult for actual needs to be met. This may in turn result in a significant impact on both the employees and the employers.

After giving equitable consideration to the rights and interests of both employees and employers and the intentions behind the flex-time provisions, the MOL issued a circular allowing enterprises to adjust work and rest days according to the flex-time provisions in the Labor Standards Act. For enterprises whose attendance follows the work calendar for government administrative agencies, the same can then apply to their part-time workers. For example: Taking the 4-day National Day holiday this year as an example, following the work calendar for government administrative agencies, the enterprises shall implement flex-time and swap the October 5 rest day with the October 11 working day to form consecutive days off; and the same can then apply to such enterprises’ part-time workers. As for situations where the aforementioned adjustments do not apply, the flex-time provisions in the Labor Standards Act still cannot be applied to the part-time workers.

Keywords: Part-Time Workers; Flex-time; Work Calendar for Government Administrative Agencies

The 2019 International Conference on Implementation of Occupational Safety and Health Management Systems was held for 2 consecutive days, beginning October 8, at the International Conference Room on floor B1 of the Xinzhuang Joint Office Tower. Deputy Minister of Labor (MOL) Lin Ming-Yu made a special appearance to deliver an opening remark. International occupational safety and health management system experts Charles Corrie and Elena Mansilla, as well as directors of environmental safety and health in high-performing domestic enterprises and OSHA representatives, were invited to the conference to share information about the actual implementation status and provide specific examples of management systems. Through international exchange, the conference helped enterprises to promote advancement of management system operations, and to create a safer and healthier environment together.

In his speech, Deputy Minister Lin said that the MOL has been promoting Taiwan’s unique Taiwan Occupational Safety and Health Management System (TOSHMS) for more than 10 years. The occupational accident rates for enterprises verified by the management system are significantly lower than those of other enterprises in the same industry. This shows significant achievement in safeguarding occupational safety and health. As a result, the MOL will continue to promote the establishment of systematic occupational safety and health management systems at enterprises; and the Ministry will continue to uncover potential workplace hazards and eliminate risks. By doing so, the MOLwill establish a quality labor environment and reduce the occurrence of occupational accidents.

This year's conference focused on international exchanges, experience sharing, and two-way communication. Domestic and international experts shared experiences about a variety of topics related to the international ISO 45001 standards and the national CNS 45001 standards, including: the implementation background; putting systems in place; organizational operations and risks; strategic orientations; application of management systems; and other successful technologies and key features. All of this pushed enterprises to enhance their management systems to the next level, and thus improve the safety and health technology standards in all industries.

Keywords: TOSHMS、ISO 45001、CNS 45001

In order to promote employment for senior or middle-aged persons and elders, and cooperation among generations, as well as to enhance public recognition of and attention to senior workers, the Workforce Development Agency of the Ministry of Labor (MOL) held the International Forum on Intergenerational Cooperation from October 30 to 31 this year (2019). A number of international scholars and experts from Europe and Asia were invited to share their promotion experiences, inspiring a resounding response.

The MOL Deputy Minister Lin San-Quei said in his speech that the aging of the population in Taiwan has progressed faster than in Europe, the United States, Japan, South Korea, etc. As a result, the employment of middle-aged and elderly persons is becoming more and more important. How to utilize the wisdom and experience gained from senior and middle-aged persons, and how they can cooperate with the younger generation and shine in the workplace together, is one of the MOL’s key focuses for promotion. In order to learn from foreign experience, this year, the Ministry especially held the International Forum on Intergenerational Cooperation. Through international dialogue and practice sharing, the forum was designed to inspire all sectors of society to pay attention to and engage in interaction regarding the topic of intergenerational cooperation and elder employment. The forum was also intended to provide a greater wealth of innovative practices and suggestions.

The MOL invited a total of six experts and scholars from Denmark, Japan, South Korea, Singapore and Hong Kong. They engaged in dialogue and swapped notes with domestic industry, officials and academics on three major topics: “First steps to intergenerational consensus and cooperation”; “Public-private partnerships for local prosperity”; and “New career ideas to create new competencies for the elderly”.

The MOL said that in addition to attracting industry, officials, academics and non-governmental organizations, many business people also participated in the international forum, and even a considerable number of retired persons registered. This showed that revitalizing elderly labor and promoting intergenerational cooperation have become major topics. Intergenerational cooperation is the trend in a society that is aging and has lower birth rates; both sides need to have more understanding of and learn from each other. In addition to continuing to promote the legal procedures of the Act to Promote the Employment of Middle-aged and Senior Workers, and building a friendly employment environment, the MOL will also keep promoting the concept of intergenerational cooperation, so as to create a new economy for Taiwan.

Keywords: Employment of Middle-Aged and Elderly People; Generations United; Intergenerational Cooperation

In September of this year (2019), due to positive developments in US-China trade negotiations, as well as the ongoing adoption of a loose monetary policy by central banks around the world, resources have been injected into market fund liquidity. This, in turn, has caused the major stock markets to fluctuate upward. The Labor Funds have carefully adjusted their investment portfolio according to market conditions and movements. As of the end of September of this year, returns amounted to NT$345.23 billion, with earnings yield of 8.68%, and monthly returns increasing to NT$13.02 billion.

The global trade disputes have affected the economic performance of the major economies. Global corporations' attitudes toward capital expenditures have trended more cautious, and the economic performance of the German manufacturing industry has declined to its lowest in nearly a decade. However, in response to concerns about weak global economic growth and trade disputes, the United States and Europe successively cut interest rates in September; while major central banks in Japan and elsewhere around the world continued to maintain loose monetary policies. In terms of trade disputes, the United States and China as well as Japan and South Korea initiated active trade negotiations. In addition, the Brexit deadline delay by the British Parliament temporarily eased the threat of a hard Brexit crisis. This chaotic situation, filled with both long- and short-position messages, supported the global stock market to a slight upward fluctuation in September. The MSCI World Index and the Taiwan Stock Exchange Capitalization Weighted Stock Index rose by 2.10% and 1.99%, respectively, in September.

In general, the possibility of the resolution of recent global trade disputes has made progress through multi-party negotiations and both sides extending olive branches. In combination with a strong global capital momentum, continued support for financial market performance was expected. However, it is still necessary to continue to pay attention to the trade policies of the United States and other major economies, the development of Brexit, geopolitical risks, and directions for global economic growth. The Bureau of Labor Funds of the Ministry of Labor will continue to prudently adjust the pace of investment in the future, so as to pursue long-term and stable benefits for the funds and protect economic security and retirement for laborers.

Keywords: Labor Funds; Investment Returns; Global Trade Disputes

The Institute of Labor, Occupational Safety and Health (ILOSH) at the Ministry of Labor has extended the experiences in the development of virtual reality (VR) teaching materials, widely used by enterprises, to once again apply augmented reality (AR) and VR technology to the safe operation of cranes. The ILOSH has developed VR safety teaching materials for cranes, which include workplace and site hazard identification as well as occupational accident experience, and has further applied AR technology to routine checkpoint inspections for cranes. Virtual/real integration through smart glasses helps workers to conduct crane safety inspections.

ILOSH completed the application of virtual reality technology for the training operation of cranes including the operation of lifting heavy objects and operation of lifting equipment for lifting people. Through the immersive head-mounted display device, in combination with motion sensing, learners become able to identify hazards in different scenarios, and experience various types of occupational accidents that may occur during operations such as falling, the dropping of materials, and being hit. This strengthens the learners’ awareness of the importance of occupational accident prevention.

In addition, for crane checkpoint inspection requirements, the ILOSH referred to relevant occupational safety and health regulations, crane checkpoint inspections, and other materials, then used AR smart glasses and image recognition on important key components of the lifting hooks in real-world sites. This facilitates crane inspection procedures, judging standards and other functions, providing workers with training scenarios that can be integrated into the work environment; and this, in turn, enhances methods and efficiency for workers’ inspection of machines and tools.

Keywords: Virtual Reality; Cranes; Safety