Regulations on Aids for Legal Service and Living Expenses of Labor-Management Disputes(2025.05.07)
Chinese
Articles 3、6、7、9、14~16、18、22、24~26、31、32、36、46 were amended and promulgated by the Order of Ministry of Labor, Executive Yuan No. 1140141778A of May 6, 2025, and shall be put into practice from the date of promulgation except for Articles 3, 3-1, and 9 being putted into force from the date of January 1, 2026.
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.
Where any of the applications mentioned in the preceding three paragraphs falls under any of the following circumstances, the applicant may apply for the aid referred to in Subparagraph 1 of the preceding article without undergoing the mediation procedure by the competent authority:
1. Where the litigation process has entered the second instance, third instance, retrial, or final enforcement proceedings.
2. Where the employer fails to fulfill the terms of mediation established by the competent authority and the worker files for provisional remedy or compulsory execution.
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 3-1 Where a worker or the surviving family members or legal representative as specified in Paragraph 5 of the preceding article has been approved to receive aid for representation fees in accordance with Paragraph 1 of the preceding article, and the employer files a counterclaim in the same litigation proceedings, the worker or the aforementioned party may apply for the aid referred to in Subparagraph 1 of Article 2 without undergoing the mediation procedure by the competent authority.
Article 6 The term sufficiency of financial resources used in Paragraphs 1 and 3 to Article 3, Article 4, the preceding article, Subparagraphs 1 and 3 of Paragraph 1 to Article 15, and Subparagraph 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 of Article 3, Subparagraph 2 of Paragraph 1 of Article 15, and Subparagraph 2 of Paragraph 1 of 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 7 The standards of remuneration for representation of labor mediation and litigation are as follows:
1. For individual applicants, the maximum aid for each stage of labor mediation or litigation is NT$40,000. However, in cases deemed complex and necessary upon review, the amount may be increased to NT$60,000.
2. For joint applicants, the maximum aid for each stage of labor mediation or litigation is NT$100,000. However, in cases deemed complex and necessary upon review, the amount may be increased to NT$200,000.
3. For applications for injunctive procedures, the maximum aid is NT$30,000 per instance.
4. For applications for supervisory procedures, the maximum aid is NT$10,000 per instance.
5. For applications for compulsory execution procedures, the maximum aid is NT$40,000 per instance.
6. For applications for legal document drafting, the maximum aid is NT$10,000 per document.
For persons applying for aids in accordance with Paragraphs 2 or 3 to Article 3 of the Act, the standards of remuneration for agency service shall be handled in accordance with Subparagraph 2 of the preceding paragraph.
Article 9 Workers, or the surviving family members or legal representatives as specified in Paragraph 5 to Article 3, applying for remuneration for agency service of labor mediation or civil litigation shall submit the following documents:
1. Application form.
2. The labor-management dispute statement and relevant supporting evidence.
3. Statement and supporting documents regarding the worker's financial status; if there is any deduction of income or assets as provided for in Paragraph 3 to Article 6, relevant supporting documents thereof shall be submitted separately.
4. Photocopy of the competent authority’s mediation record, whether established or unsuccessful.
5. An affidavit stating that no aid of the same nature from other government agencies or private organizations entrusted by government agencies has been received.
Labor unions applying for remuneration for agency service of labor mediation or civil litigation shall submit the following documents:
1. Application form.
2. The labor-management dispute statement and relevant supporting evidence.
3. Photocopy of the competent authority’s mediation record, whether established or unsuccessful.
4. An affidavit stating that no aid of the same nature from other government agencies or private organizations entrusted by government agencies has been received.
5. Copy of certificate of registration of labor union.
6. Proof of matters submitted pursuant to Article 31 of the Labor Union Act and approved and filed by the competent authority within the most recent year.
Persons applying for aids in accordance with Paragraph 3 to Article 3 shall submit documents stated in Subparagraph 3 of Paragraph 1.
Persons applying for aids in accordance with Article 4 of the Act shall also submit the decision award on unfair labor practices.
Applicants applying for aid pursuant to Subparagraph 1 of Paragraph 4 of Article 3, Article 3-1, Article 4, or Article 5 are exempt from submitting the document specified in Subparagraph 4 of Paragraph 1 above.
Article 14 If the agency remuneration is not borne by the applicant, the aid amount received shall be refunded within 30 days after the compensation is obtained, and the refunded amount shall not exceed the amount of aid granted.
The Central Competent Authority shall repeal the original aid approval and demand return of already disbursed amount if an applicant fails to return the amount as specified in the preceding paragraph. Legal action shall be taken if such an applicant fails to return the amount within the given period. Such an applicant may not apply for the aid specified in Article 2 for five years starting from the date the aid approval is repealed.
Where the applicant is unable to refund the aid for representation fees specified in the preceding paragraph in a lump sum due to financial hardship, the applicant may apply to the central competent authority for an extension of the repayment period or for installment payments.
Article 15 Workers who have any of the following circumstance may apply for the aid for necessary expenditures specified in Subparagraph 3 of Article 2:
1. The worker, or his/her survivors or legal representatives as defined in Paragraph 5 to Article 3 who is approved for aid for representation fees in accordance with Paragraph 1 of Article 3 or Article 3-1.
2. Labor unions who are financially insufficient and file a lawsuit to a court in accordance with Article 40 of the Labor Incident Act.
3. If a labor union is selected by a labor insufficient in financial resources to file litigation to the court according to Article 44-1 of Taiwan Code of Civil Procedure, and the labor meets the circumstances stated in Paragraph 1 to Article 3.
The necessary expenditures set forth in the preceding paragraph are as follows:
1. Court costs, fees for motion, enforcement costs, daily travel expenses for witnesses, appraisal fees, governmental fees, and costs for temporarily release to the custody of the court or the prosecutor.
2. Expenditures as determined by the court.
3. Other necessary expenditures.
The application of Paragraph 1 shall be submitted no later than 60 days after the conclusion of the labor mediation, litigation, or compulsory execution proceedings. However, where the amount of litigation costs or execution costs is determined only by a court ruling or refund notice after the conclusion of the labor mediation, litigation, or compulsory execution proceedings, the application shall be submitted no later than 60 days after the date the ruling becomes final or the refund notice is served.
Article 16 When a worker or labor union applies for aid for necessary expenditures for labor incidents, the central competent authority or the private organizations authorized by the central competent authority to handle aid-related matters shall, based on the type of aid case, the progress of labor mediation, the subject matter of the litigation, and the complexity of the case, determine the aid amount at its discretion. The maximum aid amount for the same case is NT$50,000.
Article 18 Applications filed by workers for aid for necessary expenditures for labor incidents shall be submitted along with the following documents:
1. The application
2. The labor-management dispute statement and related proof.
3. The financial statements of the worker and related proof documents; if there is any deduction of income or assets as provided for in Paragraph 3 to Article 6, relevant proof documents thereof shall be submitted separately.
4. Photocopy of the competent authority’s mediation record, whether established or unsuccessful.
5. Proof of payment of the necessary expenses. However, in urgent or special circumstances, a copy of the court ruling ordering the payment of necessary expenses or a copy of the court refund notice may be submitted instead.
6. An affidavit stating that no aid of the same nature from other government agencies or private organizations entrusted by government agencies has been received.
Applications filed by labor unions for aid for necessary expenditures for labor incidents shall be submitted along with the following documents:
1. The application
2. The labor-management dispute statement and related proof.
3. Photocopy of the competent authority’s mediation record, whether established or unsuccessful.
4. Copy of certificate of registration of labor union.
5. Proof during the past 12 months of documents submitted in accordance with Article 31 of the Labor Union Act and approved by the competent authority for review and record.
6. Proof of payment of the necessary expenses. However, in urgent or special circumstances, a copy of the court ruling ordering the payment of necessary expenses or a copy of the court refund notice may be submitted instead.
7. An affidavit stating that no aid of the same nature from other government agencies or private organizations entrusted by government agencies has been received.
If a person applying for aid as stated in the Subparagraph 1, Paragraph 1 to Article 15, the documents specified in Subparagraphs 2 to 4 in the Paragraph 1 shall not be needed.
If a person applying for aid as stated in the Subparagraphs 2 or 3, Paragraph 1 to Article 15 has already applied for aid for lawsuit representation fees according to Paragraphs 2 or 3 to Article 3, the documents specified in Subparagraphs 2 to 5 in the Paragraph 2 shall not be needed.
Persons applying for aids in accordance with Subparagraph 3, Paragraph 1 to Article 15 shall submit documents stated in Subparagraph 3 of Paragraph 1.
Article 22 When the necessary expenditures are not paid by the aid applicant, the amount shall be returned within 30 days after the applicant receives is compensated or the court returns the amount. The refunded amount shall not exceed the aid amount granted.
The Central Competent Authority shall repeal the original aid approval and demand return of already disbursed amount if an applicant fails to return the amount as specified in the preceding paragraph. Legal action shall be taken if such an applicant fails to return the amount within the given period. Such an applicant may not apply for the aid specified in Article 2 for five years starting from the date the aid approval is repealed.
Where the applicant is unable to refund the aid provided for necessary expenses specified in the preceding paragraph in a lump sum due to financial hardship, the applicant may apply to the central competent authority for an extension of the repayment period or for installment payments.
Article 24 When a worker applies for Living Expenses Aid for the first time, he/she shall register 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 any of the below benefits:
1. Unemployment benefit, Vocational training living allowances, or temporary work allowance prescribed in the Employment Insurance Act;
2. Injury or sickness benefit prescribed in the Labor Insurance Act or Labor Occupational Accident Insurance and Protection Act;
3. Living allowance or aids prescribed in the Act for Protecting Worker of Occupational Accidents;
4. Living allowance for vocational training or temporary work allowance under the Employment Service Act.
5. Living allowance for vocational training or temporary work allowance under the Middle-aged and Elderly Employment Promotion Act.
6. Aids of the same nature from other government agencies.
The application of the preceding article shall be submitted no later than 90 days from the date of job placement application referred to in Paragraph 1 or 2.
Article 25 A worker applying for Living Expenses Aid shall submit the following documents:
1. The application
2. A photocopy of motion for mediation with the date of receipt by the court stated thereon, 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 Paragraphs 2 and 3 in the preceding Article.
6. Affidavit for necessary living expenses of the aided worker required for labor mediation or litigation period.
7. Where persons with disabilities apply for aid in accordance with the proviso of Paragraph 3 of Article 26, they shall also submit the disability certificate issued by the competent social welfare authority.
8. Other documents as specified by the central competent authority.
When a worker applies for the aid in accordance with Subparagraph 3 of Paragraph 1 to Article 23, he/she shall also submit a photocopy of relevant documents granting assistance issued in accordance with the Regulations for Providing Legal Aid in Lawsuits Concerning Gender Equality in Employment.
Article 26 The period for claiming Living Expenses Aid shall commence from the date of the first job placement after filing for labor mediation or litigation, and end on the date the labor mediation is concluded, the court judgment becomes final, or a settlement is reached.
When a worker applies for Living Expenses Aid again, if the days of applying for job placement are overlapping with the previous period of receiving Living Expenses Aid, the overlapping days shall be deducted.
The standard of Living Expenses Aid shall be sixty percent of the first grade of the insured salary as specified in the Table of Grades of Labor Insurance Salary at the time the aid is approved. The maximum aid period is 180 days, calculated in increments of 30 days; for periods of less than 30 days, the amount shall be calculated proportionally. However, if the worker is aged 45 or older at the time of application, or holds a disability certificate issued by the competent social welfare authority, the maximum aid period may be extended to 270 days.
Article 31 When a case of applying for Living Expenses Aid is ruled by a final judgment of the court that the period of paying wage by the business entity (employer) is overlapping with the period of receiving aid, the worker shall return the total amount of aids within thirty days after receiving the wage.
If the worker fails to return the aids in accordance with the preceding paragraph, the Central Competent Authority shall repeal the original aids approved and order him/her to return the aids within a given period. If the worker does not return within the given period, retrieving measures shall be taken in accordance with related statutes, and he/she shall not be allowed to apply for the aids referred to in Article 2 within five years from the date of repealing the aids.
Where the applicant is unable to refund the Living Expenses Aid specified in the preceding paragraph in a lump sum due to financial hardship, the applicant may apply to the central competent authority for an extension of the repayment period or for installment payments.
Article 32 When a worker, his/her survivors, or his/her legal representative filing for arbitration in accordance with Paragraph 3 to Article 6 of the Act may apply to the central competent authority for aid for arbitration representation fees. The standards are as follows:
1. For individual applicants, the maximum aid is NT$40,000.
2. For collective applicants, the maximum aid is NT$100,000.
Article 36 The standards for granting aid for attorney fees in unfair labor practice adjudication are as follows:
1. For individual applicants, the maximum aid per case is NT$40,000. However, in cases deemed complex and necessary upon review, the amount may be increased to NT$60,000.
2. For collective applicants, the maximum aid per case is NT$100,000. However, in cases deemed complex and necessary upon review, the amount may be increased to NT$200,000.
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 46 The Regulations shall take effect on January 1, 2020.
These amended provisions, except for Article 2, Article 6, and Chapter 3 as amended and promulgated on November 10, 2020, which shall take effect on July 1, 2021; the provisions amended and promulgated on December 30, 2021, which shall take effect on January 1, 2022; the provisions amended and promulgated on April 29, 2022, which shall take effect on May 1, 2022; Article 3 as amended and promulgated on October 2, 2023, which shall take effect on September 1, 2024; and Article 3, Article 3-1, and Article 9 as amended and promulgated on May 6, 2025, which shall take effect on January 1, 2026, shall take effect from the date of promulgation.