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DRAFT LAW TO PROTECT WORKERS IN MASS LAYOFFS



The Executive Yuan is currently reviewing a draft Law to Protect Workers in Mass Layotts prepared by the Council of Labor Affairs (CLA). According to the draft, if an employer intends to terminate the employment of a large number of employees, it must present an employment ter-mination plan to the competent authority and to the business units or personnel affected at least 50 days before the planned termination date; it must publicly announce the plan within the same time limit; and it must enter into conciliation with its workforce within ten days after pre-senting the plan. An employer that fails to comply with the requirement to present a plan and the duty to inform, will be liable to an ad-ministrative fine of NT$100,000 to NT$500,000, and successive fines may be imposed on a daily basis.

If an employer that is planning mass layotts is in arrears of worker retirement fund contributions, severance pay or wages above a certain amount, the competent authority may also request the immigration authorities to prevent the chairper-son and persons with day-to-day management control of the business entity from leaving the country.
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