Regulations for Prohibiting Chairman of the Board of Directors and the Responsible Person in Fact of a Business Entity from Going Abroad while Implementing Mass Redundancy Plan
2021-06-08
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Article 1
These Regulations are enacted pursuant to Paragraph 2, Article 12 of the Protective Act for Mass Redundancy of Employees (hereinafter referred to as the "Act").
Article 2
The chairman of the board of directors and the responsible person of a business entity to be prohibited from going abroad under these Regulations refer to the following persons:
1. In a company limited by shares: the chairman of its board of directors.
2. In a limited company: the chairman of its board of directors if it is designated in its articles of incorporation; or the director responsible for managing its business if no chairman of the board of directors is designated in its articles of incorporation.
3. In an unlimited company or an unlimited company with limited liability shareholders: the shareholder responsible for managing its business; or the shareholder representing the company if no shareholder is designated to managing its business.
4. In a partnership entity: the partner responsible for managing its business.
5. In a sole proprietorship: the sole investor or its statutory representative.
6. In other legal entities: the representative.
The chairman of the board of directors and/or the responsible person of any business entity referred to in the preceding Paragraph shall be the person(s) so registered on the company registry, the business registration certificate, and/or in the official record of the court or the competent authority.
The provisions set forth in this Article shall also apply to the responsible person in fact of a business entity who is identified by the competent authority.
1. In a company limited by shares: the chairman of its board of directors.
2. In a limited company: the chairman of its board of directors if it is designated in its articles of incorporation; or the director responsible for managing its business if no chairman of the board of directors is designated in its articles of incorporation.
3. In an unlimited company or an unlimited company with limited liability shareholders: the shareholder responsible for managing its business; or the shareholder representing the company if no shareholder is designated to managing its business.
4. In a partnership entity: the partner responsible for managing its business.
5. In a sole proprietorship: the sole investor or its statutory representative.
6. In other legal entities: the representative.
The chairman of the board of directors and/or the responsible person of any business entity referred to in the preceding Paragraph shall be the person(s) so registered on the company registry, the business registration certificate, and/or in the official record of the court or the competent authority.
The provisions set forth in this Article shall also apply to the responsible person in fact of a business entity who is identified by the competent authority.
Article 3
In the event the overdue amounts of pension, the severance pay and/or wage due to the employees in the course of implementing mass redundancy of employees meet the criteria prescribed in Paragraph 1, Article 12 of the Act, and the business entity has failed to make the full payment within the time limit fixed by the competent authority, the case shall be reported by the local competent authority to the central competent authority for necessary action.
The duration of the time limit for payment fixed by the competent authority shall not exceed thirty (30) days.
The duration of the time limit for payment fixed by the competent authority shall not exceed thirty (30) days.
Article 4
The report to the central competent authority filed in accordance with Paragraph 1 of the preceding Article shall include the following particulars:
1. The name, gender, age, occupation, date of birth, residence or domicile (and foreign residence or domicile), address recorded in the household register, and the uniform serial number of the identity card of the chairman of the board of directors and/or the responsible person in fact.
2. If the chairman or the responsible person in fact is a foreign national, his/her name in the foreign language, gender, date of birth, nationality, and passport number.
3. The circumstances meeting the criteria prescribed in Paragraph 1, Article 12 of the Act.
1. The name, gender, age, occupation, date of birth, residence or domicile (and foreign residence or domicile), address recorded in the household register, and the uniform serial number of the identity card of the chairman of the board of directors and/or the responsible person in fact.
2. If the chairman or the responsible person in fact is a foreign national, his/her name in the foreign language, gender, date of birth, nationality, and passport number.
3. The circumstances meeting the criteria prescribed in Paragraph 1, Article 12 of the Act.
Article 5
In order to review the cases for prohibiting the chairman of the board of directors and the responsible person from going abroad, the central competent authority shall form a review committee (hereinafter referred to as the "Committee") consisting of eleven members of which one member shall be appointed by the central competent authority to act as the chairman and all the other members shall be appointed by the central competent authority from the following government agencies:
1. Two representatives from the central competent authority.
2. One representative from the Ministry of Interior.
3. One representative from the Ministry of Foreign Affairs.
4. One representative from the Ministry of Justice.
5. One representative from the Ministry of Finance.
6. One representative from the Ministry of Economic Affairs.
7. Three experts and/or scholars.
The proportion of the aforementioned Committee members of either gender shall not be less than one-third.
1. Two representatives from the central competent authority.
2. One representative from the Ministry of Interior.
3. One representative from the Ministry of Foreign Affairs.
4. One representative from the Ministry of Justice.
5. One representative from the Ministry of Finance.
6. One representative from the Ministry of Economic Affairs.
7. Three experts and/or scholars.
The proportion of the aforementioned Committee members of either gender shall not be less than one-third.
Article 6
The tenure of the members of the Committee shall be two (2) years, and may be renewed upon expiry. However, the tenure of the members representing relevant government agencies shall be the same as that of his/her primary official post.
Article 7
Members of the Committee have no remuneration, but the expert/scholar members may receive attendance fees in accordance with applicable regulations.
Article 8
The Committee shall have an executive secretary appointed by the central competent authority from among its present personnel who shall be responsible for the execution of the resolutions adopted by the Committee as per the chairman's instructions. Operation personnel of the Committee shall be appointed by the central competent authority from among its present personnel.
Article 9
The quorum of a meeting of the Committee shall be the majority of the total number of members of the Committee, and the resolution(s) at a meeting of the Committee shall be adopted by the vote of more than two-thirds of the members present at the meeting.
Article 10
Under any of the following circumstances, a member of the Committee shall withdraw on his/her own accord:
1.Where the member himself/herself, his/her spouse, his/her former spouse, his/her relative by blood within the fourth degree or by marriage within the third degree, his/her spouse’s relative by blood or by marriage within the third degree, or one who once had such relationship with the member, is a party to the subject event.
2.Where the member himself/herself, his/her spouse, or his/her former spouse has joint rights or liabilities with a party to the subject event.
3.Where the member is, or once was, an agent or an assistant of a party to the subject event.
4.Where the member once acted as a witness or an expert witness in the subject event.
1.Where the member himself/herself, his/her spouse, his/her former spouse, his/her relative by blood within the fourth degree or by marriage within the third degree, his/her spouse’s relative by blood or by marriage within the third degree, or one who once had such relationship with the member, is a party to the subject event.
2.Where the member himself/herself, his/her spouse, or his/her former spouse has joint rights or liabilities with a party to the subject event.
3.Where the member is, or once was, an agent or an assistant of a party to the subject event.
4.Where the member once acted as a witness or an expert witness in the subject event.
Article 11
The central competent authority shall call a meeting of the Committee to review the case within three days from receipt of a report of a case described in Article 3 of these Regulations from a competent authority.
Article 12
In the event the business entity's chairman of the board of directors and/or its responsible person in fact, who has been prohibited from going abroad, meets the conditions prescribed in Article 16 of the Act, the central competent authority shall forthwith request the Bureau of Immigration, the National Police Administration of the Ministry of Interior to rescind the order prohibiting him/her from going abroad.
Article 13
In the event that a business entity's chairman of the board of directors and/or its responsible person in fact is under any of the circumstances set forth in Paragraph 1, Article 12 of the Act, the central competent authority may request in advance the Bureau of Immigration, the National Police Administration of the Ministry of Interior to prohibit him/her from going abroad; provided, however, that a meeting of the Committee shall be called to ratify such decision within two days after it is made.
In the event that the Committee resolves not to ratify the above prohibition decision, the central competent authority shall forthwith request the Bureau of Immigration, the National Police Administration of the Ministry of Interior to revoke the decision.
In the event that the Committee resolves not to ratify the above prohibition decision, the central competent authority shall forthwith request the Bureau of Immigration, the National Police Administration of the Ministry of Interior to revoke the decision.
Article 14
These regulations shall come into force from the date of promulgation.