Directions on Subsidizing the Administrative Agencies in Implementing Legal Aid for the Labor-Management Dispute(2023.07.18) Chinese

Amended Articles 1,2,3,8,13 and 14 of the Directions on July 18, 2023.
1.The Ministry of Labor (the “Ministry”) has established these guidelines to provide legal aid for the mediation of labor disputes, to assist workers in fighting for their labor rights and subsidize municipal and county (city) governments, the Science Park Bureau of National Science and Technology Council, and the Export Processing Zone Administration of the Ministry of Economic Affairs (“administrative agencies”).
2.Recipients of subsidization:
(1)Municipal Governments of Special Municipalities.
(2)County (City) Governments.
(3)Science Park Bureau of National Science and Technology Council.
(4)Export Processing Zone Administration, MOEA.
3.Workers or their legal representatives, or the survivors of workers involved in occupational accidents (“labor parties”), who apply for labor dispute mediation before filing a lawsuit, and fall under one of the following situations, are eligible for legal aid provided by administrative agencies:
(1)Disputes arising between workers and employers regarding occupational accidents, where the request for mediation is based on the employer's failure to provide compensation or indemnification for the occupational accident in accordance with legal regulations, group agreements, or labor contracts, and the requested amount exceeds NT$10,000.
(2)Disputes between workers and employers over unpaid wages, severance pay, or retirement pensions, where the requested amount exceeds NT$10,000.
(3)Disputes arising from the termination of labor contracts between workers and employers, where the request for mediation seeks reinstatement of the employment relationship.
(4)Disputes arising from job transfers between workers and employers, where the request for mediation claims the invalidity of the transfer or seeks reinstatement to the original position.
(5)When administrative agencies determine that the mediation matters related to labor disputes are also connected to occupational accident events and are complex, and it is necessary to provide legal aid.
Workers who are recognized by administrative agencies as indigenous peoples, persons with disabilities, or new residents, and have been determined to require legal aid, are not subject to the limitations on scope and amount specified in the preceding paragraph.
“New residents” referred to in the preceding paragraph includes the following individuals:
(1)Foreign nationals, residents of Mainland China, Hong Kong residents, or Macau residents who are married to an ROC national with household registration within the territory of the Republic of China and have been granted permission to reside and work in Taiwan in accordance with the law.
(2)Foreign nationals, residents of Mainland China, Hong Kong residents, or Macau residents as mentioned in the preceding subparagraph, who are divorced from or lost their spouse due to death and are eligible to continue residing and working in Taiwan in accordance with legal regulations.
8.The Ministry shall determine and allocate the subsidies to administrative agencies based on the following criteria by the end of January each fiscal year. However, the annual allocation amount may be adjusted at any time according to the execution status of the administrative agencies:
(1)The number of cases of labor-management dispute mediation from January to October of the previous year involving contract disputes, wage payments, severance pay, retirement pension, and occupational accident compensation disputes.
(2)The execution status of using this subsidy in the previous year.
13.Administrative agencies receiving subsidies shall not evade, obstruct, or refuse the Ministry's inspection of relevant information and unscheduled visits.
14.Administrative agencies shall compile and bind the records of labor-management dispute mediation cases, appointment letters, affidavits, and other relevant documents in chronological order according to the mediation meeting time. The storage and disposal of these documents shall be carried out in accordance with the Archives Act and relevant regulations.