News

1、Articles 2, 6, 8, 17, 35, 36,37 and 46 will be revised, promulgated, and implemented on October 2, 2023
2、Amended and promulgated Articles 3 on October 2, 2023, and shall effect from September 1, 2024

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Article 2 The scope of aid for workers in labor-management disputes includes the following:
1.Fees for attorneys representing workers (hereinafter referred to as representation fees) in procedures of mediation for labor incidents (hereinafter referred to as labor mediation), litigation procedures, injunctive procedures, supervisory procedures and compulsory execution procedures, and for drafting legal documents;
2.Representation fees for filing lawsuits before commencement of criminal trial procedures;
3.The necessary expenditures for labor mediation procedures, litigation procedures, injunctive procedures, supervisory procedures, and compulsory enforcement proceedings in a court of law;
4.Necessary living expenses that workers require during labor mediation and litigation periods;
5.Representation fees for arbitration procedures conducted in accordance with the Arbitration Act;
6.Representation fees for attorneys filing cases on behalf of workers, job applicants, or unions to seek adjudication of disputes resulting from unfair labor practices as specified in Article 35 of the Labor Union Act.

Article 3 When a worker insufficient in financial resources motions for labor mediation or files litigation due to unsuccessful mediation by the competent authority and has one of the following situations, he/she may apply for the aid referred to in Subparagraph 1 of the preceding article:
1.Dispute with employer involving labor contract termination in accordance with the Labor Standards Act, unpaid salary, severance, or retirement payment (labor pension).
2.Employer failing to compensate or pay damages for occupational accidents.
3.Employer failing to insure the worker in accordance with the Labor Insurance Act, Labor Occupational Accident Insurance and Protection Act, or the Employment Insurance Act or under-declaring insured salary that causes damage to the worker.
When a labor union insufficient in financial resources considers an employer has infringed on the interests of most of its members and subsequently files litigation due to unsuccessful mediation by the competent authority, the labor union may apply for the aids referred to in Paragraph 1 to Article 40 of Labor Incident Act.
If a labor insufficient in financial resources meets the circumstances stated in Paragraph 1 and selects labor union to file litigation to the court according to Paragraph 1 to Article 44-1 of Taiwan Code of Civil Procedure, the labor union may apply for the aids referred to in Subparagraph 1 of the preceding article.
Once the lawsuit for the three preceding paragraphs has entered the second instance, third instance or retrial, the worker may apply for the aid prescribed in Subparagraph 1 of the preceding article without going through mediation by the competent authority.
If the worker has deceased or is incapacitated due to other reasons, his/her survivor or guardian may apply for the aids referred to in Subparagraph 2 of Paragraph 1.
When a worker or a labor union applies for the aids referred to in Subparagraph 1 of the preceding article, he/she shall file within 180 days from the date that the procedures concerned commence.

Article 6 The term sufficiency of financial resources used in Paragraphs 1 and 3 to Article 3, Article 4, Article 5, Subparagraphs 1 and 3 of Paragraphs 1 to Article 15, and Subparagraphs 1 of Paragraph 1 to Article 35 refers to situations where the applicant or the party earns over NT$65,000 (same currency applies hereinafter) per month or owns assets worth more than NT$3 million dollars in total at the time of application. However, the property that the applicant or the party owns and lives at is not included.
The term sufficiency of financial resources used in Paragraph 2 to Article 3, Subparagraph 2 of Paragraph 1 to Article 15, and Subparagraph 2 of Paragraph 1 to Article 35 refers to situations where the current assets of the labor union in the previous year exceeded NT$5 million.
If an applicant or a party as stated in the Paragraph 1 has to pay regular expenses needed to take care of family members suffering critical injuries or diseases, or the applicant or the party is a financially insufficient single parent providing for his or her children and looking after lineal relatives and not deducting part of the income or assets in income or asset calculation would obviously be inconsistent with the purpose of such aid, such part of income or assets may be deducted.

Article 8 When more than one worker individually and separately apply for remuneration for agency service of labor mediation or civil litigation with regard to the labor dispute of the same reasons and facts, the Central Competent Authority may consolidate and process their applications as one single case, and handle the matters according to Paragraph 1 of the preceding article.

Article 17 When a number of workers individually apply for aid for the necessary expenditures for labor incidents over the same labor-management dispute, the Central Competent Authority may consolidate and process their applications as one single case, and handle the matters according to the preceding article.

Article 35 Workers who have any of the following circumstance may apply for the aid as established in Subparagraph 6 of Article 2 without undergoing the mediation procedure of the relevant authority:
1.Cases filed on behalf of workers or job applicants with insufficient financial resources to seek adjudication of disputes resulting from unfair labor practices as specified in Article 35 of the Labor Union Act.
2.Cases filed on behalf of a union with insufficient financial resources to seek adjudication of disputes resulting from unfair labor practices as specified in Article 35 of the Labor Union Act.
No aid shall be provided to the applicant if the application of preceding paragraph has one of the following situations:
1.The application been rejected by the Decision of Board on Unfair Labor Practices as stated in Paragraph 1 to Article 41 of the Act for the Settlement of Labor-Management Disputes.
2.Upon review, the aid is obviously not necessary or the application is inconsistent with the objectives of the aids prescribed in the Act.

Article 36 The standards of aid for unfair labor practice adjudication representation fees are as follows:
1.NT$40,000 per case maximum for individual applicants, but the amount may be increased to NT$60,000 if the case is complicated and the increase is considered necessary after review.
2.NT$100,000 per case maximum for joint applicants, but the amount may be increased to NT$200,000 if the case is complicated and the increase is considered necessary after review.
For the same unfair labor practice adjudication cases where multiple applicants apply for agency service litigation aid individually, the Central Competent Authority may consolidate and process their applications as one single case, and handle the matters according to Subparagraph 2 of the preceding Paragraph.

Article 37 Applications for aid for unfair labor practice adjudication representation fees shall be presented within 30 days after the adjudication application is filed and the following documents shall be submitted:
1.The application
2.A photocopy of the Unfair Labor Practice Adjudication Application
3.The financial statement of the applicant and related proof documents
4.An affidavit stating that no aid from other government agencies has been received
Applicants failing to submit all the documents specified in the preceding paragraph shall be notified to make corrections within a given period. The application from those failing to make corrections within the given period shall be rejected.

Article 46 The Regulations shall take effect on January 1, 2020.
Except that the provisions of Article 2, Article 6, and Chapter 3 herein, amended and promulgated on November 10, 2020, should take effect on July 1, 2021, the provisions amended and promulgated on December 30, 2021, should take effect on January 1, 2022, the provisions amended and promulgated on April 29, 2022 should take effect on May 1, 2022, and the Article 3 amended and promulgated on October 2, 2023 should take effect on September 1, 2024. This amendment shall become effective on the date of promulgation.