Several questions for several friends, all employed in one company. Maybe someone has some insight or ideas that could help. They plan to get legal counsel, maybe someone can recommend a lawyer that specializes in such topics and speaks excellent English (or German)?
First of all, if an work ARC holder is in the old system (LSA) and marries a local, is it correct that he must change to the new system (LPA) because “foreign spouses are mandatory pension contributors”. I suspect this is wrong, and instead the worker may choose to stay in the old system: https://www.bli.gov.tw/en/0010369.html Number 4 states that “If this kind of workers desire to continue to abide by [the old labor pension system], he/she shall express such a desire to the business entity in writing […] within 6 months after his/her acquisition of said status.”
The second topic is: An employer wants all workers to change to a different company of the same parent company. Some employees are APRC holders (work based) with ~20 years of work seniority in their company. Currently they are still in the old system (LSA), the employer has put aside quite a bit of money for their pension/severance according to that system. They are offering everyone to either enter the new company (keeping their work seniority), or leave and get severance pay. Generally, they want everyone to transfer to the new company.
Is the following understanding correct?
The employees that transfer to the new company must switch to the new system (LPA) because of entering a new contract at a new legal entity
The money put aside for their pension/severance according to the old system (LSA) will simply be pocketed by the employer
Even if calculating with the same work seniority, both their pension and severance seem very much lower with the new system compared to the old one. Also, according to the new system they can only retire (get pension payments) after they turn 60, instead of after 25 years at the same employer with the old system.
There is no way for the employee to both keep working at the new company, and keep their old system pension (or at least get their old system severance and then work at the new company).