Directions on Subsidizing the Administrative Agencies in Implementing Legal Aid for the Labor-Management Dispute（2021.06.03）
Amended Articles 1,3,8,14 and Articles 10's appendix 3 and 4 of the Directions on June 3, 2021.（Original Title:Directions on Subsidizing the Administrative Agencies in Implementing Legal Aid for the Labor-Management Dispute in Connection with Worker of Occupational Accidents;New Title:Directions on Subsidizing the Administrative Agencies in Implementing Legal Aid for the Labor-Management Dispute）
1.In order to assist workers in fighting for their labor rights, and to subsidize the municipal and county (city) governments, the Science Park Administration of MOST, and the Export Processing Zone Administration of MOEA (hereinafter referred to as "administrative agencies") to provide legal aid for the mediation of labor-management disputes, the Ministry of Labor (hereinafter referred to as the Ministry) has hereby established these Directions.
3. If a worker, his/her legal representatives, or the survivors of a worker of occupational accidents (hereinafter referred to as the "employee in the labor dispute") applies for mediation of labor-management dispute before filing a lawsuit and one of the following situations occurs, the legal aid provided by administrative agencies shall be subsidized:
(1)In a dispute between a worker and his/her employer over an occupational accident, when the request for mediation is based on the employer's failure to provide compensation or indemnification for the occupational accident in accordance with the provisions of the law, group agreement, or labor contract, and the requested amount exceeds NT$10,000.
(2)When a worker has a dispute with his/her employer over unpaid severance or pension payments and the amount of requested amount exceeds $10,000.
(3)When a worker and his/her employer have a labor-management dispute over the termination of a labor contract, and the request for mediation is for reinstatement of the employment relationship.
(4)Labor-management dispute mediation matters determined by the administrative agencies to be occupational accidents-related and complicated to the point that warrants legal aid.
8. The Ministry shall approve the allocation of subsidization to administrative agencies based on the followings before the end of January each year. However, the amount of the annual subsidization may be adjusted from time to time according to the implementation status of the administrative agencies:
(1)Number of cases in which the subject matter of the mediation of labor-management dispute were contract, severance pay, labor pension, and compensation for occupational accidents from January to October of the previous year.
(2)Status of use of subsidization in the previous year.
14. The funds for the subsidies of these Directions will be handled using the in-situ check method. The original vouchers shall be handled by administrative agencies in accordance with “Accounting Act” and “Instructions for Custody, Transfer and Destruction of Government Accounting Documents”.
The term "original certificate" in the preceding subparagraph refers to the receipt of remuneration and of a lawyer assigned by the administrative agencies to attend the mediation meeting.