A Study into the Application of Article 28 Regarding Labor's Wages, Severance Pay and Retirement Pensions

• Main Authors: CHANG, YU-NING, 張祐寧
• Other Authors: KUO, LING-HWEI
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/y9p9x7

碩士 === 國立臺北大學 === 法律學系一般生組 === 106 === 　　Although Article 28 of Labor Standards Act has been amended in the past few years, there are still many problems that need to be solved regarding protecting the rights and interests of workers whose employer has suspended or liquidated his/her business or declared bankruptcy. 　　Article 28 provides a guideline of labor’s wages, retirement pensions, and severance pay which is qualified to be regarded as the secured claims; additionally, the employees shall be prioritized in receiving the remaining amount which is owed to them. However, the issue about prioritization is yet to be mitigated and the definition of suspending, liquidating business and declaration of bankruptcy are still unclear. 　　In addition, the property of employee’s priority and the relationship between employee’s priority and priorities of other regulations are issues that need to be figured out and resolved. 　　Furthermore, although the Arrear Wage Payment Fund is available to pay debts when wages are not paid to employees, in situations where employers did not make contributions to the Fund on schedule, their employees are not able to apply for such payment. 　　To sum up, this thesis intends to clarify the aforementioned issues and to come up with solutions to resolve them. In the end, this thesis also looks forward to proposing a more complete system to provide full protection to employees.