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Legal Analysis of Labor Pension Fund Sup-CommitteeWang, Kuei-chen 15 August 2006 (has links)
Considering the problems of the fast aging of population and the heavy burden of the next generation to raise the elder people, the ¡§Implementation Rules of the Labor Pension Act¡¨ law was put into practice in July 1st, 2005 to release the heavy load of the next generation. The law changed the older system ¡§defined benefit pension plan¡¨ into a new system ¡§defined contribution pension plan¡¨ to slow down the problems of aging of population. Nevertheless, there were so many controversial issues about the enactment not passing the draft plan of setting up the supervisory committee of the Fund of the Labor Pension.
The amount of the Labor Pension one can obtain when retiring is related to the operation of the Fund of the Labor Pension. However, now the money is putting in the bank and not doing any effective investment. This makes us start wondering if we can get our pension on time or the insufficient part of labor pension will become a heavy burden of the next generation. It can be a big issue for government in the future.
In this research we will discuss the general situation of the pension scheme and the operation of the fund of pension to analyze the legal problems of draft plan in setting up the supervisory committee of the Fund of the Labor Pension. The results show that the main drawbacks of the draft plan right now are: the problems of adopting the system of Incorporated Administration, lacking the supervisory committee of labor organization and undefined responsibility of the supervisory committee. Also, the injustice of the modern pension plan is discovered in our research. We hope that this study can provide an excellent direction to improve the system.
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A Study of The Connection Between Employees For Labor Pension Act On Job Stress, Job Satisfaction, Organization Commitment and The Willing of Changing Job - The case of China Steel Corporation GroupChung, Hsi-chou 02 June 2006 (has links)
In Republic of China, Labor Pension Act (to be called the New Mechanism for short in the following) was officially carried out in July 1, 2005. Being different from the Labor Standards Act (to be called the Old Mechanism for short in the following), the biggest feature of the new mechanism is that the retirement fund is portable. However, with the new mechanism , people are guaranteed to receive the retirement fund while they will get more money if they choose the old mechanism . Therefore, the problem of how to choose the suitable mechanism for the employees who were hired before July 1, 2005 has been discussed. Generally, if the employee doesn¡¦t have the intention to change his job, and has more confidence to his company, he should choose the old mechanism . On the contrary, he should choose the new mechanism . Thus, whether the employee chooses the new or old mechanism seems to become the important reference for the employer to test the employee¡¦s royalty and confidence toward the company. Someone even predicted that the implementation of the new mechanism would symbolize the coming of job changing boom.
This report is based on the actual research of enterprises, and tries to understand and investigate the connection between employees and job stress, job satisfaction, and organization commitment. Moreover, based on the unstable character of individual, this report is trying to prove and understand if there is an obvious difference between the influence of job stress, job satisfaction, organization commitment, and the willing of changing job to make the employees choose the old or new mechanism . This is to provide the reference for enterprises to make plans for the human resources.
Through this research, I found out the following in certain cases:
1. There is an obvious connection among the employees¡¦ job stress, job satisfaction, and organization commitment.
2. Job satisfaction and organization commitment have obvious influence to one¡¦s willing to change jobs.
3. The employees who change their mind to choose either the new policy or the old policy have obvious difference to the influence of job satisfaction, organization commitment, the willing of changing jobs, etc
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A Study of the New Labor Pension System In Taiwanwei, Chin-tao 07 January 2008 (has links)
Prior to the implementation of Labor Retirement Act (hereinafter referred to as New System), the Labor Retirement System is mainly governed by Labor Standard Act (hereinafter referred to as Previous System) . However, since the implementation of Retirement System under Labor Standard Act, it has been under long term controversy. In order to improve the discrepancy of previous system, the Retirement System under Labor Standard Act, Council for Labor Affairs has proposed quite a number of drafts for amendment. After years of endeavor, it was finally reached consensus in improvement and established new labor retirement system, which is based mainly on Personal Account of Pension System and assisted by Income Replacement program. It was passed in Legislative Yuan on June 11, 2004, the Labor Retirement Act (New System) and officially enforced on July 1, 2005. However, it was expected that there will be many problems emerged in the initial stage of implementation. In this paper, we focused on the Labor Retirement New System and explained with other related administrative statutory are used as assistance. Also the basic theory of Administrative Act ¡V Principle of Administration, Administration Organization, Administrative Authorities, Administrative Remedies and Administrative Supervision ¡V the 5 main structure are used as the research methodology to examine the possible problem in new labor retirement system and tried to form possible measures for solutions.
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The stuudy of the new labor pension act effective, The fluence of employee intent to resignation in compensation justice, Satisfaction in the motivation, And job satisfaction.Chung, Ju-nan 11 June 2008 (has links)
The new labor pension act effective on July 1. 2005 effective, all brings not the impact to the employer and the laborer, the employer for the consideration enterprise profit, to salary policy, and motivation system whether can remind along with the retirement pension, makes the significant change.
In addition, according to is connected the domestic and foreign research demonstration, the work degree of satisfaction with leaves job the wish to have obviously is being connected, has drawn back the new labor pension act made rule since June 2004 male Browe, brings the impact to the enterprise is: The staff loyalty drops, leaves job the tide and the rate of flow increases, outside the work a package of increase and so on.After the employer has taken these measures, the relative staff is unable to the present work to meet its need, therefore this research attempts to understand after the fatigue draws back the newly made official implementation, the staff regarding the salary fair cognition, drive system satisfaction, work satisfaction with leaves job influence the tendency.
The research variable material obtains picks the provide questionnaire way, altogether sends out 500 questionnaire, the reflex winding effective sample number is 339, the effective reflex winding rate is 67.8%, after recycling effective questionnaire by SPSS statistical analysis way, picks ways and so on descriptive statistics analysis , correlation analysis, T-Test, one way anova, linear regression, makes variable research each construction surface the statistical analysis, discusses result of the research.
The results of the study were as below:
1.The different variable staff, it to the influence of employee intent to resignation in compensation justice, Satisfaction in the motivation, And job satisfaction to have the significance difference personally.
2.The compensation justice, to satisfaction in the motivation, intent to resignation to have the significance difference.
3.The satisfaction in the motivation, intent to resignation to have the significance difference.
4.The job satisfaction, to variable with intent to resignation to have the intermediary influence personally.
5.The job satisfaction, with intent to resignation to the compensation justice to have the intermediary influence.
6.The job satisfaction, to satisfaction in the motivation with intent to resignation to have the intermediary influence.
7.The different variable staff, the compensation justice, satisfaction in the motivation, the job satisfaction to intent to resignation to have the significance influence.
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An Exploratory Research on the Impact of the Labor Pension Act on Manpower Flexibility and Organizational PerformancePeng, Hsiao-chen 25 July 2005 (has links)
The Labor Pension Act¡]LPA¡^was passed by the Taiwan Legislative Yuan on June 11, 2004 and the implementation date is July 1, 2005. The significant difference between the existing Taiwan Labor Standards Law (TLSL) and LPA is that LPA is a portable defined contribution (DC) type of scheme. Employers shall contribute on a monthly basis to the Labor Pension Fund by contributing maximum 6% of monthly wage into the individual pension fund accounts. The raised staffing cost is foreseeable and was expected to turn into a heavy burden to employers.
To decrease the cost of staffing and the turnover rate, this study focuses on the reactions that enterprises would plan to take and response to. However, the new LPA was not carried out officially during the study period, we conclude the exploratory findings through the questionnaire to understand what type of flexibility practice that employers¡¦ plan to take and what kind of impact on organizational performance will be made.
We selected the sample companies from manufacturing, services and financial industries from¡m2003 CommonWealth Magazine Top 1600 Enterprises Ranking¡n. In all, 137 of 630 HR managers to whom we sent surveys returned the questionnaires, this yielding a response rate of 21.75%. The findings are summarized as follows:
1.The larger scale of organization, the more tendencies toward numerical flexibility and financial flexibility practice.
2.Organizations that plan to exercise numerical flexibility practices e.g., layoff, severance, downsizing etc, expect the negative effects on organizational performance.
3.Organizations that plan to exercise functional flexibility expect the positive effects on organizational performance. Organizations plan to adopt job-rotations expect the enhancement of organizational performance.
4.Organizations that plan to exercise financial flexibility do not expect the noticeable positive effects on organizational performance. Among financial flexibility practices, organizations that plan to adjust current fringe benefits expect the negative effect on organizational performance.
5.Organizations that plan to execute the improved HRM exercises expect the improvement of the organizational performance.
6.Organizations that plan to exercise the numerical and financial flexibility expect to lead to tense relationships between workers and employers in the future.
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我國行政機關工友管理制度之探討—以交通部為個案研究陳雪娥 Unknown Date (has links)
人力資源是各行政機關、學校的基本要素,也是國家最重要的資產,機關管理的核心。而公務體制中最基層的編制內工友人力管理卻仍未有完整建制,僅依據事務管理規則、勞動基準法及相關行政規定辦理,因此,本研究希望達成的研究目的:1.瞭解事務勞力替代方案、勞動基準法實施前後,工友管理制度的變遷、現況及缺失。2.探討未來工友管理體制因應之道及如何提昇管理工友之行政效能。
本研究透過文獻回顧及管理實務上的問題,以交通部(含所屬各行政機關)的個案分析,對管理者及工友代表進行深度訪談,瞭解工友管理所面臨相關問題與改進建議之看法。
主要之問題為1.工友餉級與薪點問題。2.管理指揮系統紊亂,缺乏有效監督的問題。3.工友名稱問題。4.各類機關工友設置標準仍應全面檢討員額精簡問題。5.工作分配仍有不均,人力仍未充份有效運用等問題。6.工友優惠資遣退休政策推展成效問題。7.勞工退休金制度選擇新制或舊制應注意事項。8.工友建制存廢問題。
我國行政機關工友管理制度之探討經本研究發現,在執行上如從1.技工工友薪資結構改革方案。2.工友管理事項予以統一規範。3.工友名稱4.加強實施員額管制及委託外包。5.改進工作分配。6.鼓勵工友自願退離方案。7.選擇勞工退休金新制舊制注意事項。8.工友建制存廢進行研議。實務面向改善,並針對所發現問題提出研究建議,期使工友管理制度更臻完善。 / Human resources are the fundamental elements of every administrative organization and educational institution, as well as the most essential asset of a country, and the core of organizational management. Under the fundamental organization of public affairs system, the management of maintenance worker is still incomplete, handled only by relevant administrative regulations such as Management Affairs Regulations and Labor Standard Law. Hence, the research expects to achieve the following objectives: 1. Understand Replacement Policy of Affairs Labor, and the transition, current status, and deficiency of maintenance worker management system before and after the execution of Labor Standard Law. 2. To discuss future maintenance worker management system, and ways to enhance the administrative efficiency of maintenance worker management.
The research will analyze the case study from the Ministry of Transportation and Communications (including affiliated administrative organizations) through documents and practical management problems. The research will proceeds in-depth interview with the management and maintenance worker representative in order to understand relevant problems encountered in maintenance worker management, and to provide suggestions for improvement.
The main problems include: 1. the salary of maintenance worker. 2. Management command chain chaos, lack of efficient supervision. 3. The name of maintenance worker. 4. Overall streamline quota review, and the employing standard of maintenance worker from various organizations. 5. Disproportionate division of labor, inefficient deploy of manpower. 6. The effectiveness of promoting preferential retirement policy of maintenance workers. 7. Notes to consider when selecting new or old Labor Pension Act. 8. The abolishment of maintenance worker system.
The research finds that the maintenance worker management system of administrative organizations can be perfected after the improvement from the practical domain, as well as from the suggestions provided for the following problems: 1. Salary structure reform of technician and maintenance worker. 2. Standardized maintenance worker management regulations. 3. The name of maintenance worker. 4. Strengthen quota control and OEM. 5. Improve the division of labor. 6. Encourage maintenance worker to retire voluntarily. 7. Notes to consider when selecting new or old Labor Pension Act. 8. The abolishment of maintenance worker system.
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勞工保險老年給付一次給付與年金制之選擇 / Labor Pension-the Choice between Lump Sum Payment and Annuity Payment劉志雄, Liu,Chih Hsiung Unknown Date (has links)
82年台灣已邁入「高齡化」的社會型態,到了96年底時老年人口占人口比例達10.2%。另根據台閩地區2007年簡易生命表台灣男性平均餘命為75.46歲,女性為81.72歲,平均78.38歲,因應台灣進入高齡化及少子女化社會,如何讓勞工安享在60歲以後平均有18多年無工作收入的老年生活,已成為當前最重要問題。
為落實老年照護制度,增進勞工退休權益,陸續完成了勞工退休金條例、國民年金法及勞工保險條例修法之工作,其中將於98年1月1日實施勞工保險老年給付年金制,考量勞工保險已實施50多年,許多資深勞工已符合或將符合老年給付條件,且國人多具「入袋為安」之傳統觀念,在兼顧勞工權益及制度穩定之原則下,採現制一次給付與年金制併行方式,賦予現有被保險人於退職時選擇請領現制或新制之權利。
藉由本研究的撰寫,針對勞工保險老年給付選制行為三大變數,模擬試算出各種組合變數下的理性選擇建議,讓即將辦理退休的勞工能夠更明確更瞭解兩種給付的不同,並做正確的選擇,以確保退休生活品質。
本研究建議增加勞工保險老年給付選制及國民年金給付條件,做為將來修法的參考。 / Abstract
In 1993, Taiwan entered the state of aging society. By the end of 2007, the elderly population above the age of 65 years accounted for 10.2% of the total population. The 2007 life table of the Taiwan-Fukien Area gave the life expectancy of 75.46 years for males and 81.72 years for females, averaging 78.36 years for both sexes. How to assure the laborers to live happily in their old age for an average of 18 some more years after retirement without job and incomes in an aged and fewer-children society has become an important issue.
To realize the care system for the elderly, and to improve the rights and interests of the laborers after retirement, work has been done to enact the Labor Pension Act and the National Pension Act, and amend the Labor Insurance Act. The Labor Insurance Old-Age Pension system will be implemented in January 2009. The Labor Insurance has been in operation for more than 50 years. Many elderly laborers are eligible to or about to be eligible to the old-age payment. In line with the traditional concept of “safer to have cash in pocket”, and taking in mind the rights and interests of the laborers and the stability of the system, the old-age pension system will have concurrently either the “one-time payment under the current system” and the “monthly pension” system in practice. The retirees will have the choice of either the current system or the new system.
The present study uses three variables in the choice of the old-age pension system to simulate the ideal choice and make recommendations under various combinations of variables to help laborers about to retire correctly understand the pros and cons of the two different payment systems and thus to make correct choice, and to assure the quality of their retirement life.
The study recommends that, for the future amendments of regulations, more alternative systems for choice for old-age payment and more conditions for the national pension system be made available.
Key words: Labor Insurance, National Pension, Labor Pension Act, Labor Standards Act
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論資遣費對資遣率之影響:以台灣2005年勞退新制為例 / The Impact of Severance Pay on Layoff Rate: Evidence from 2005 Labor Pension Act in Taiwan吳智鳴, Wu, Chih Ming Unknown Date (has links)
本研究以2005年勞退新制為例,探討資遣費對資遣率之影響。在勞退新制實施之後,資遣費的給付額度不僅大幅減少,還多了上限,因此,基於資遣費往往被視為雇主所直接面對的資遣成本,資遣率是否會受到勞退新制中資遣費改變的影響,為本研究欲探討分析的議題。本研究資料來源為人力運用擬-追蹤調查資料庫,研究方法使用差異中之差異法(difference in differences),並依據員工是否適用於勞基法,將樣本劃分為實驗組與對照組進行分析。實證結果顯示,資遣費對於資遣率並無顯著的影響力,因此政府若希望資遣費制度能有預防雇主任意資遣員工的效果,則現行的資遣費制度可能無法達到此目標,而未來是否需要針對資遣費進行修法仍有討論空間。 / This study uses the 2005 Labor Pension Act (LPA) in Taiwan as the quasi-experiment to analyze the impact of severance pay on the layoff rate. After implementation of LPA, severance pay is reduced significantly and constrained by an upper boundary. Since severance pay is often considered as the firing cost, whether the layoff rate is affected by the largely reduced severance pay is what this study expects to analyze. Data used in this study are drawn from the Manpower Utility Quasi – Longitudinal Survey (MUQLS). In order to apply the difference in differences method, the observations are divided into the treatment group and the reference group according to the coverage of the Labor Standards Act (LSA). The empirical results suggest that severance pay has no significant impact on the layoff rate. Therefore, if severance pay is expected to prevent the arbitrary layoff, the current severance pay system might not achieve this goal and some modifications of this system might be necessary.
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勞退新制股價效應、精算假設選用誘因與價值攸關性之實證研究 / The Promulgation of Labor Pension Act, Choice of Actuarial Assumptions, and Market Reaction蔡秋田, Tsai,Chiu-Tien Unknown Date (has links)
退休金的會計處理原本即具複雜性,加上最近退休金制度的變革,形成退休金會計獨特且豐富的情境背景,提供了許多的研究機會。本論文包含三個與退休金會計相關之議題;其中第一個議題是「勞工退休金新制之股價效應」;第二個議題是「退休金精算假設選用之誘因」;第三個議題是「退休金精算假設選用之價值攸關性」。三個議題均以效率市場假說為基礎,針對勞工退休金新制之實施與退休金精算假設之選用,分別深入探討其與股價之關聯性。
首先,本論文第一個議題探討勞退新制之股價效應。事件日股票報酬與公司特質的關聯分析,雖然部分的實證結果不顯著,然而部分的證據顯示,勞退新制公布實施時,公司股票報酬與退休金提撥不足程度、員工平均服務年資、退休金提撥率、退休金成率等公司特質具有關聯性,隱含資本市場在某種程度上,似乎可以依據勞退新制對公司不同之衝擊程度,反映於公司股票報酬。
其次,本論文第二個議題探討退休金精算假設選用之誘因。實證的結果顯示,我國上市上櫃公司精算假設選用的橫斷面差異,可能源於債務契約、提撥不足之成本以及損益平穩化等誘因。最後,本論文第三個議題探討退休金精算假設選用之價值攸關性。實證結果顯示,退休金精算假設選用具價值攸關性,投資人對公司選用精算假設保守程度有所評價,對於裁量性 (隱藏的) 預計給付義務亦有所反映,似乎適當地根據精算假設選用對於預計給付義務之影響幅度來調整對公司之評價,隱含資本市場並未功能性固著於報導的退休金義務。 / There are three essays in this dissertation. The first essay examines the impact on equity prices of the Promulgation of Labor Pension Act. Evidence reported in the paper shows that negative abnormal returns are most pronounced for firms with large underfunded level of pension plan, firms with little average years of employment, firms with low contribution ratio, and firms with low pension cost ratio.
The second essay explains the cross-sectional variation in firms’ selected actuarial assumptions (rate of increase in compensation and discount rate) used to measure the projected benefit obligation (PBO). Evidence shows that firms with relatively larger debt ratio, larger underfunded level of pension plan, and larger decline in earnings tend to select more aggressive (obligation-reducing) estimation parameters.
The last essay studies the association between actuarial assumptions and firm value. The results indicate that firm value is lower, conditional on the reported PBO, for firms that use higher discount rates and lower rate of increase in compensation. This is consistent with investors seeing through managers’ opportunistic choices of obligation reducing assumptions. The evidence suggests that the stock market does not fixate on reported PBO numbers, but properly appreciates the value relevance of the discretionary component of the PBO.
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Law and justice: Scott v. Canada and the history of the social covenant with Canadian veteransMinnes, Jonathan David 31 May 2019 (has links)
This paper explores the issues underlying the Scott v. Canada veteran class action lawsuit. In particular it seeks to provide context to these issues by examining the cultural and legal structure of the Canadian military, the historic developments of veteran benefits in Canada, and the difficulties veterans face navigating the institutions that disseminate these benefits. The Scott v. Canada veteran class action lawsuit was launched against the Federal Government in 2012, in response to the Canadian Forces Members and Veterans Re-establishment and Compensation Act (the “New Veterans Charter”), which replaced the disability pension regime for many Canadian Forces Members and veterans under the Pension Act. / Graduate
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