Pension for teachers at private schools, do we get them or not?


#1

This is a tough question and I never get a straight answer.

  1. A teacher working full-time teaching English and other subjects at a private elementary school in Taiwan does or does not qualify for labor pension? (6% of salary + interest at age 60)
    https://www.bli.gov.tw/en/sub.aspx?a=BRN3K4zrsCQ%3D

  2. I have been told that labor pension does not cover teachers. That teachers have their own special pension plan set up by the government. If this is correct, what is the special teacher pension plan? I can’t find it anywhere.

  3. I have been told that private schools do not qualify for the special teacher’s pension plan. That private schools have their own special pension plan. If this is correct, what is the special private school pension plan?

  4. From what I was able to dig up from government sites, it seems like private schools are obligated to set up their own bank accounts to stash a set percentage for pensions. That percentage seems to be determined by the school and not regulated by the government. If this is true, what happens to all that pension money if the school folds? What happens if you change schools? How can one be sure they will get a pension from their school?

Any help on this is GREATLY appreciated.


#2

The law for this is

Act Governing the Retirement, bereavement compensation, discharge with severance pay benefits for the teaching and other staff of school legal persons and their respective private school(s)
http://edu.law.moe.gov.tw/EngLawContent.aspx?lan=E&id=169

Article 39 says on foreigners.


#3

Thank you Tando. You have saved me a lot of trouble by finding this for me. I hope this information will prove to be of use to many of us here.

If I read it correctly, private elementary schools should be setting aside 12% of double the monthly salary in joint contributions. The thing all of us need to pay careful attention to is how our monthly pay is actually reported. Many schools break up monthly pay into different categories and the actual base salary ends up being quite low. This number is what the 12% is calculated off of. So anyone negotiating a new job contract better be sure that base salary is not screwing their retirement over.


#4

Article 39 states the following:

  1. Research personnel employed under the University Research Personnel Employment Regulations.

  2. Professional technicians employed under the Employment Regulations for Professional Technicians Teaching at Universities.

  3. Specialist and technical instructors selected and hired under the Regulations Governing the Selection and Hiring of Specialist and Technical Instructors by Junior Colleges.

  4. Foreign nationals who serve as full-time, qualified, paid teachers, or as personnel in a capacity listed in any of the preceding three subparagraphs, in the organizations of accredited private schools at any level.

What exactly is meant by qualified, paid teachers?

If I have an APRC and am paid to teach at a private school, am I not a qualified, paid teacher?

Are they saying you must have teaching qualifications? As in a teaching license?

If that is the case, and I am still employed to teach and paid…then where exactly do I land in pension categories?

School is saying I am not “labor” and yet nor am I a teacher???

Someone can’t just fall through the cracks and not be in some sort of pension category, right?


#5

These pages might include some info. In Chinese.

https://www.mol.gov.tw/service/19851/19852/19858/14610/
2. 外國籍勞工

私立各級學校編制外之外籍工作者若非外籍配偶或陸港澳地區配偶,並非勞工退休金條例之適用對象,其退休金制度應依勞動基準法退休金規定辦理,其符合該法退休要件時,雇主應依該法所定標準給付退休金。另依勞動基準法第56條第1項規定,雇主應於勞工每月薪資總額2%-15%範圍內,按月提撥勞工退休準備金,專戶存儲,以作為支付退休金之用。

https://www.bli.gov.tw/sub.aspx?a=ADF%2B2ZzZ8PQ%3D
4. 私立學校工作者適用勞工退休金條例釋疑。
校編制外教師、職員:不適用勞動基準法,如私校未自訂退休辦法,可比照勞工退休金條例第7條第2項之不適用勞基法本國籍工作者,得經雇主同意為其辦理提繳手續,由個人自願提繳勞工退休金,雇主(私校)得自行決定是否另行為其提繳,惟提繳率以百分之6為限。
19. 有關外國專業人才且取得永久居留者適用勞工退休金條例後,相關退休金提繳及法令適用疑義。

勞動部107年2月14日勞動福3字第1070135046號函
一、 查「外國專業人才延攬及僱用法」(以下簡稱「外專法」)第11條規定︰「受聘僱從事專業工作之外國專業人才,並經內政部移民署許可永久居留者,自本法施行之日起,適用勞工退休金條例(以下簡稱勞退條例)之退休金制度。……」依該條立法說明,取得永久居留之外國專業人才以在我國長久居住發展為目的,應以準國民待遇對待,故不適用勞動基準法之受聘僱從事專業工作且取得永久居留之外國專業人才,依「勞退條例」第7條第2項及第14條規定,雇主仍得自願為渠等提繳退休金,渠等亦得自願提繳退休金,以保障其退休生活。

https://www.bli.gov.tw/sub.aspx?a=EkgQBi3f%2Fu0%3D
勞工退休金條例
第七條 本條例之適用對象為適用勞動基準法之下列人員,但依私立學校法之規定提撥退休準備金者,不適用之:
一、 本國籍勞工。
二、 與在中華民國境內設有戶籍之國民結婚,且獲准居留而在臺灣地區工作之外國人、大陸地區人民、香港或澳門居民。
三、 前款之外國人、大陸地區人民、香港或澳門居民,與其配偶離婚或其配偶死亡,而依法規規定得在臺灣地區繼續居留工作者。
本國籍人員、前項第二款及第三款規定之人員具下列身分之一,得自願依本條例規定提繳及請領退休金:
一、 實際從事勞動之雇主。
二、 自營作業者。
三、 受委任工作者。
四、 不適用勞動基準法之勞工。


#6

Thank you Tando.
Unfortunately, I am relying on Google translate to understand what you posted. At best, it is poorly translated. I think I will call the labor board and see what they can explain for my specific circumstance.
Whatever I find out, I will post here.
Thanks again for your time and help!


#7

What about for people who have a foreign passport AND a Taiwanese passport who work in Taiwanese companies or Taiwanese private schools as full-time teachers?

Hired with Taiwanese passport but with more pay than the average Taiwanese staff due to dual nationality and education/overseas credentials/ work experience abroad…

Thanks in advance!