Regulations for Subsidizing the Litigation Costs and Necessary Living Expenses of Workers Laid Off under Mass Redundancy Plan（2021.06.15）
Amended on June 15, 2021
The worker who is laid off under the circumstances provided in Article 2 of the Act is entitled to apply to the central competent authority for a subsidy for the litigation arising from the following circumstances:
1. Where the employer has failed to pay the worker the salary, severance pay and/or pension in accordance with the law.
2. Where the layoff is in violation of Paragraph 1, Article 13 of the Act or Article 11 of the Labor Standards Law.
The scope of the aforementioned litigation subsidy includes attorney fees incurred on civil litigation procedures, injunctive procedures, supervisory procedures, compulsory execution procedures, and the drafting of legal documents.
A workers who is laid off according to the regulation of Article 2 of the Act and is under any of the circumstances set forth in Paragraph 1 of the preceding Article may apply to the central competent authority for the necessary living subsidy while the litigation is in process if the said worker remains unemployed and is not eligible for unemployment subsidies owing to sufficient length of insurance coverage or the employer's failure to take out employment insurance or pay insurance premiums as regulated.
Application for the living subsidy described in the preceding paragraph shall be filed within six months from the date the worker is laid off.
When applying for the subsidy provided for in Paragraph 1, the applicant shall register with a public employment service institution for employment assistance. To receive the subsidy continuously, the applicant shall submit the proof of at least two job applications per month to the public employment service institution(s).
While receiving the unemployment subsidy under the employment insurance scheme, the labor insurance subsidies for injuries or illnesses, living allowances during occupation training, temporary work allowances or any other relevant allowances, the worker shall not apply for the subsidy provided for in Paragraph 1 of this Article.
The amount of the litigation subsidy to be granted under these Regulations is calculated as follows:
1. For an application filed by an individual applicant: The maximum amount for each instance of court is Forty Thousand New Taiwan Dollars (NTD40,000).
2. For an application collectively filed by a group of workers: The maximum amount for each instance of court is One Hundred Thousand New Taiwan Dollars (NTD100,000). In the event that the cause is deemed justifiable, up to the maximum of Two Hundred Thousand New Taiwan Dollars (NTD200,000) may be granted as the lawyer’s fee subsidy for a collective application.
3. For a case under precautionary proceedings: The maximum amount is Thirty Thousand New Taiwan Dollars (NTD30,000) for each application.
4. For a case under hortatory proceedings: The maximum amount is Ten Thousand New Taiwan Dollar (NTD10,000) for each application.
5. For a case under compulsory execution procedure: The maximum amount is Forty Thousand New Taiwan Dollars (NTD40,000) for each application.
When granting the subsidies set forth in the preceding paragraph, the central competent authority may reduce the amounts already received by the applicant from the local competent authority for the same case.
To review applications for subsidies, the central competent authority shall form an examination board.
The aforementioned examination board shall have three or five members, one of whom shall be appointed by the central competent authority and shall serve as the convener, while the rest shall be assumed by experts and scholars for a term of two years.
The proportion of the aforementioned board members of either gender shall not be less than one-third.
When reviewing applications, the members of the examination board shall abide by the recusal regulation of Article 32 and Article 33 of the Administrative Procedure Act.
The format of the written application for litigation subsidy and necessary living expense subsidy shall be prescribed by the central competent authority.