Regulations for Decision on the Unfair Labor Practices（2021.09.29）
The provisions of Articles 1, 2, 14, 22, 27, 32 and 39 are amended and promulgated and Articles 2-1 and 31-1 are added pursuant to order No. Lao-Dong-Guan-4-Zi-1100128232 of Sep. 29, 2021 from Ministry of Labor, which was implemented on Oct. 1, 2021.
Article 1 The Regulations are prescribed in accordance with Paragraph 5 to Article 43 of the Act for Settlement of Labor-Management Disputes (here-in-after referred to as the Act).
Article 2 The Board for Decision on the Unfair Labor Practices (here-in-after referred to as the Board) shall have seven to fifteen members who shall be appointed by the Central Competent Authority for a term of service of two years. Board members shall elect among themselves one as the Chair of the Board.
The Board shall have one to three standing board members selected and appointed by the central competent authority among the board members.
The number of board members of either gender shall not be less than one-third of the total members.
In case that there is a vacancy on the Board, the Central Competent Authority shall appoint a new member to serve until the term of service of other incumbent members expires.
Article 2-1 The Chair of the Board shall comprehensively review and handle relevant matters for disputed cases.
The members of the standing board shall perform the following duties for proper handling of the disputed cases:
1.Track the progress of the handling of disputed cases.
2.Review the investigation procedures of disputed cases.
3.Submit comments on the investigation reports and decisions of the disputed cases.
4.Provide consultation on the system for rendering decisions regarding unfair labor practices, etc.
5.Other matters to facilitate the proper handling of disputed cases.
Article 14 The Board may form a taskforce consisting of two to four board members.
After receiving the application for the unfair labor practice decision, the Board may designate the proper taskforce to conduct the preliminary review. The taskforce shall submit its review results to the standing board within seven days after the review.
For the preliminary review mentioned in preceding Paragraph, the taskforce may inform the parties to attend the meeting for an explanation when necessary.
Article 22 When conducting a fact-finding in accordance with Paragraphs 2 and 3 to Article 44 of the Act, the board members may make an investigation plan and take the following measures:
1.Notify the parties, persons or business entities concerned to provide oral or written statements.
2.Listen to opinions of the parties or question the witnesses.
3.Order an expert examiner to provide an examination report or question the expert examiner.
4.Notify institutions concerned to assist in providing documents, files, and items.
5.Enter into related business entities for interviewing and investigation.
Records shall be made when board members conduct the investigation.
The members of the standing board shall review the investigation records of the preceding Paragraph and submit any comments in writing for the taskforce's reference.
Article 27 An investigation report made by board members shall include the following matters:
1.Place, day, month and year of the investigation.
2.The names of board members and the staff member who makes the record.
3.The subject of the unfair labor practice dispute.
4.The names of the attending parties, agents and other concerned persons allowed to be present.
5.The outlines of assertions and statements made by the parties and concerned persons.
6.The statements of the witnesses and the examination results provided by the expert examiner.
7.The fact-finding record(s).
8.The fact-finding comments.
The fact-finding report referred to in the preceding paragraph shall be submitted to the Board.
The members of the standing board shall review the following materials and provide written comments for the taskforce or the Board's reference:
1.The investigation report stated in Paragraph 1.
2.The decision proposal written by the board members.
3.The decision written by the board members is based on the decision reached by the Board.
Article 31-1 If the Board concludes that the applicant’s application is justified, it shall make a decision fully or partially recognizing the application; otherwise, it shall make a decision on whether to fully or partially reject such application.
The decision fully or partially recognizing the application may specifically state the method and content of the parties’ performance in the section of the main text.
If the written decision contains any typos, miscalculations, or any other such significant errors, the Board may make corrections based on the application or its authority; this shall also apply to the main text, if it is inconsistent with the original copy.
Article 32 Suppose that both parties entitled to dispose of the matters of the application and that a conciliation would not jeopardize the maintenance of the public interest. In that case, the Board may conciliate the disputes for the parties at any time during the procedures of rendering a decision on an unfair labor practice.
To facilitate the conciliation, the Board may order the parties, their representative, or agents to be present.
If the conciliation is reached, the procedure of rendering a decision shall be automatically terminated, and a written conciliation shall be produced.
The written conciliation shall be served to the parties in the original within 20 days from the date such conciliation is reached.
Article 39 The Regulations shall become effective on the date of promulgation.
The provisions of articles of the Regulations amended, added and promulgated on Sep. 29, 2021 were implemented on Oct. 1, 2021.