Regulations on Aids for Legal Service and Living Expenses of Labor-Management Disputes（2018.08.21）
1.Promulgated a total thirty articles by the Council of Labor Affairs, Executive Yuan by the Order of No. 1000125742 on April 29, 2011 and shall become effective on May 1, 2011. However, Article 5 shall become effective on January 1, 2012.
2.Amended on December 18, 2012.
3.Amended and promulgated Articles 2、5、15-1～15-7 on September 5, 2014.
4.Amended and promulgated Articles 2、4、5、27、15-8～15-13 on December 5, 2014.
5.Amended and promulgated Articles 2、15-9 on October 13, 2016.
6.Amended a total forty-four articles by the Council of Labor Affairs, Executive Yuan by the Order of No. 1060127750 on September 11, 2017 and shall become effective on the date of promulgation.
7.Amended and promulgated provision on August 21, 2018.
Amended Provision for
Regulations on Aids for Legal Service and Living Expenses of Labor-Management Disputes
Article 13 When a case of aids has been approved, if the applicant fails to comply with the implementation of aids, passes away, goes missing or for other reasons to make the aids not necessary to be continued further, the Central Competent Authority may terminate his/her Aids.
When a case of aids has been approved, if the applicant has one of the situations prescribed in Subparagraph 2 or 5 of Article 10, the Central Competent Authority may revoke his/her aids.
When any of the situations referred to in the preceding paragraph occurs, the Central Competent Authority shall order the applicant to return all the remuneration that has been appropriated to the appointed attorney-at-law within a given period. If the applicant does not return within the given period, retrieving measures shall be taken in accordance with related statutes.
The applicant who fails to return the expenses in accordance with the preceding paragraph shall not be allowed to apply for the aids within five years from the date of revoking his/her aids in accordance with the second paragraph.
Article 14 Workers who are financially insufficient and file lawsuits against their employers to settle disputes over the termination of a labor contract per Labor Standards Act, owed severance pay or retirement pensions after the competent authority fails to mediate may apply for the aid specified in Subparagraph 3 of Article 2.
The application of the preceding paragraph shall be submitted no later than 60 days after the final ruling of the court is achieved.
Article 23 When a worker applies for Living Expenses Aids for the first time, he/she shall registrate at a public employment services institution for job placement.
When a worker continues to apply for Living Expenses Aids, he/she shall in person apply for job placement to the public employment services institution each time and submit two job-interview records.
The job-interview record referred to in the preceding paragraph denotes to the job-interview result card, of which the job search status is verified by the job recruiting unit or public employment service agency, or other proof documents.
The period of aids for each time shall begin on the date of job placement application, and the two job interviews shall be recorded within thirty days from the date of job placement application.
A worker shall not concurrently apply for Living Expenses Aids during the period of receiving unemployment benefit of employment insurance, living allowance for vocational training, temporary work allowance, injury or sickness benefit of labor insurance, old-age benefit of labor insurance, allowance or aids prescribed in the Act of Protecting Workers of Occupational Accidents, or related litigation aids from other government agencies.
Article 24 A worker applying for Living Expenses Aids shall submit the following documents:
1. Application form.
2. A photocopy of indictment, oral or written defense statement, or appealing statement.
3. Statement and relevant documents concerning the situation of sufficiency in financial resources of the worker and his/her relatives living in the same domicile, or a photocopy of approval notice of the aids issued in accordance with the Legal Aids Act.
4. Proof of record of job search with the status of job placement stated thereon.
5. Job-interview records prescribed in the preceding article.
6. Affidavit for necessary living expenses of the aided worker required for litigation period.
When a worker applies for the aids in accordance with Subparagraph 3 of Paragraph 1 to Article 22, he/she shall also submit a photocopy of approval notice of the aids issued in accordance with the Regulations for Providing Legal Aids in Lawsuits Concerning Gender Equality in Employment.
Article 39-1 For applicants who receive the aids of the Regulations based on malice, dubious purpose or other improper means, in addition for the central competent authority to revoke the approved aids and order the applicant to return the total amount of aids within a time limit, if criminal offense is involved, he/she shall also be referred to the court.
The applicant who fails to return the expenses in accordance with the preceding paragraph shall continue to be ordered to return the expenses and shall not be allowed to apply for any aids of the Regulations within five years from the date of revoking his/her aids.