Instructions for filling in the form

This spreadsheet provides a trial estimation of the seniority pension system under the Labor Standards Act, with an employer and an employee mutually agreeing to provide payment based on the pension for years of service under the Labor Standards Law in accordance with the Labor Pension Act；the pension that applies to the seniority pension system under the Labor Standards Act will be calculated based on the employment date, application date, average wage and other results that are filled in for its estimation.
"The date on which the Labor Standards Act becomes applicable to the business entity" refers to the date designated by the Ministry to apply to the Labor Standards Act. If there is any doubt about the application date of the Labor Standards Act, please refer to the link (1), or call our toll-free number 1955 for consultation. (As the pension is calculated at different stages, “the date on which the Labor Standards Act becomes applicable to the business entity” is very important.)
According to Article 53 of the current Labor Standards Act, laborers must serve at the same business entity for " 15 years or more and attain the age of 55", "25 years or more" or "10 years or more and attain the age of 60" in order to apply for voluntary retirement. According to Article 54 of the same Act, employers may force laborers to retire only after laborers meet the requirement of "attaining the age of 65" or "being unable to perform his/her duties due to disability."
Principle of application at different stages of the pension before and after the application of the Labor Standards Act：
1. According to Article 84-2 of the Labor Standards Act, the seniority of laborers shall be calculated from the date of employment.
2. If the seniority prior to the application of the said Act is applicable, the standards of pension payments shall be calculated in accordance with the then applicable laws and regulations; If there were no applicable laws and regulations at that time, the pension shall be calculated in accordance with the rules formulated by each respective business entity itself, or to be calculated through negotiations by employers and employees. (As the standards of seniority prior to the application of the Labor Standards Act vary among various business entities, this pension calculator does not provide the estimated pension on the seniority prior to the application of the Labor Standards Act. Please therefore conduct the calculation by yourself.)
3. The standards of pension payments on the seniority pension system of the Labor Standards Act shall be calculated in accordance with the provisions of Article 55 thereof (the scope of this pension calculator).
4. After the implementation of the Labor Pension Act, for the seniority of the new pension system that laborers select, employers shall contribute pension reserve funds at no less than 6% of the wage and deposit the funds into the individual pension account. (For calculation of the estimated pension on the new seniority pension system for laborers, please refer to the relevant link (2)).
With regard to the starting point of the two bases for 15 years of seniority, it shall be handled in accordance with the official letter No.: Tai-1998-Lao-Tung-3-Tzu-043879 issued by the Council of Labor Affairs of the Executive Yuan on October 19, 1998, which is summarized that if pension payments of laborers on the seniority before the application of the Labor Standards Act surpass the then regulatory standards, in accordance with the then regulatory standards, or following the then regulatory standards and acting accordingly, for the part of the entire seniority that is within 15 years after the application of the said Act, 2 bases for each full year of the seniority shall be given; for the part of the seniority over 15 years, an average wage of 1 month for each full year shall be given; If pension payments of laborers on the seniority before the application of the Labor Standards Act are lower than the then regulatory standards (do not surpass the then regulatory standards, in accordance with the then regulatory standards, or following the then regulatory standards and acting accordingly), the pension will be calculated on the seniority after the application of the said Act, under which 2 bases for each full year of the seniority shall be given; for the part of the seniority over 15 years, an average wage of 1 month for each full year shall be given. The seniority of less than half a year shall be counted as half a year; the seniority of half a year or more shall be counted as one year.
The calculation of the proportion and the seniority remnant for "where pension payments of laborers on the seniority before the application of the Labor Standards Act surpass the then regulatory standards, in accordance with the then regulatory standards, or following the then regulatory standards and acting accordingly": the seniority shall be calculated according to the provisions of Article 84-2 of the Labor Standards Act, under which the seniorities before and after the application of the said Act shall be combined for calculation, and the seniority remnant before the application of the said Act shall be combined with the seniority after the application of the said Act, and then the pensions shall be calculated respectively according to the "proportion" of the seniority before and after the application of the said Act; After the seniorities both before and after the application are combined and rounded up to a whole number, the pension base of the seniority remnant shall then be counted; for the seniority of less than half a year to be counted as half a year; of half a year or more to be counted as one year. (The calculation of the pension base for the foregoing seniority remnant shall be from the "employment date" to "one day prior to selecting to participate in the new labor pension system" or "retirement date", without deducting the seniority before applying the Labor Standards Act.) For example, the seniority of one laborer is 18 years, 6 months and 15 days, and the seniority before the application of the Labor Standards Act is 14 years, 10 months and 15 days, then the seniority of 1 month and 15 days after the application of the Labor Standards Act is within part of the entire seniority of 15 years, the pension is calculated as (1 + 15/30) out of 12, to be multiplied by 2; the part of seniority more than 15 years is 3 years, 6 months and 15 days, which is counted as 4 bases.
Explanations about filling in「Select the date of participation in the new labor pension system (if the new system is not selected, there is no need to fill in this field)」：
1. Employees who were covered by the Labor Standards Act prior to the enforcement of the Labor Pension Act (7.1,2005) and still work for the same business entity after the enforcement of the Act, may choose to be continuously covered by the retirement mechanism in the Labor Standards Act; Employees, who continuously choose to be covered by the retirement mechanism in the Labor Standards Act on the date of enforcement of the Act, may within five years (by 6.30.2020) choose to be covered by the pension system in the Labor Pension Act.
2. Foreigners, citizens of China, Hong Kong or Macao residents who have married ROC nationals and registered a household in the Republic of China, and workers who have obtained ROC citizenship after July 1, 2010, shall be covered by the pension system of the Labor Pension Act effective on January 17, 2014.
3. Foreigners who are permitted to reside permanently in accordance with the relevant provisions of the Immigration Act and are employed in Taiwan, shall be covered by the pension system of the Labor Pension Act effective on May 17, 2019.
4. In accordance with the preceding two subparagraphs, persons who meet the identifying criteria as designated by the amendments shall be covered by the pension system from the date they attain such an identity. However, those who were hired prior to the enactment of the amended articles and have remained employed by the same business entity thereafter, as well as those who notify their employers in writing, within six months from the date of implementation of this Act, shall continue to be covered by the pension regulations of the Labor Standards Act.

The Online Pension Calculator for Laborers on the Seniority Pension System of the Labor Standards Act
(old labor pension system)
※ This system provides calculation for reference only.
For the detailed and accurate amount, please conduct the calculation according to the actual case.

Basic information

Date of birth

Date of employment

(For those who are re-employed after July 1, 2005, the new labor pension system will apply.)

The date on which the Labor Standards Act becomes applicable to the business entity

Estimated conditions

The expected retirement date (end date of the labor contract)

The average wage upon approved retirement

NT$

/Month

Standards of pension payments on the seniority before the Labor Standards Act becomes applicable

(Scenario A) better than the then regulatory standards, in accordance with the then regulatory standards, or following the then regulatory standards and acting accordingly
(Scenario B) not better than the then regulatory standards, in accordance with the then regulatory standards, or following the then regulatory standards and acting accordingly

The pension before the date of application to the Labor Standards Act

NT$

(If this field is left blank, the calculation will be carried out only on the part for which the Labor Standards Act is applicable.)

New Labor Pension System

Select the date of participation in the new labor pension system

(if the new system is not selected, there is no need to fill in this field)

Estimated trial calculation results

Trial calculation results

Calculation result of estimated pension after the date that the Labor Standards Act becomes applicable

NT$0

The pension before the date of application of the Labor Standards Act

NT$0

Pension in total

NT$0

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