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Regulations on Aids for Legal Service and Living Expenses of Labor-Management Disputes(2021.12.30) Chinese

10.Amended and promulgated Articles 6、9、10、18、46 on December 30, 2021, and shall effect from January 1, 2022
Article 6 
The term sufficiency of financial resources used in the Paragraphs 1 and 3 to Article 3, Article 4, Article 5, Subparagraphs 1 and 3 of Paragraphs 1 to Article 15, and Paragraph 1 to Article 35 refers to situations where the applicant or the party earns over 70,000 NT dollars (same currency applies hereinafter) per month or owns assets worthy of more than 3 million NT 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 and Subparagraph 2 of Paragraph 1 to Article 15 refers to situations where the current assets of the labor union in the previous year exceeded 5 million NT dollars.
  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 9
Labors or the survivor or guardian referred to in Paragraph 5 to Article 3 applying for remuneration for agency service of labor mediation or civil litigation shall submit the following documents:
1. The application.
2. The labor-management dispute statement and related proof.
3. Statement and relevant proof documents concerning the situation of sufficiency in financial resources of the worker; 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. A photocopy of unsuccessful mediation record issued by the labor competent authority of the municipal or county/city government.
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. The application.
2. The labor-management dispute statement and related proof.
3. A photocopy of unsuccessful mediation record issued by the labor competent authority of the municipal or county/city government.
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 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.
  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.

Article 10 
When there is one of the following situations, the application for remuneration for agency service of labor mediation or civil litigation will be rejected:
1. The labor mediation or litigation will bring no substantial benefit or its winning prospect is apparently none.
2. The same item of aids of the same nature for the same case has been provided by other government agencies or private organizations entrusted by government agencies.
3.The application is inconsistent with Article 3 or 4.
4.The application is inconsistent with Article 5.
5.The application documents or proof are counterfeit, forged, false or invalid.
6. The application is not filed within a given period according to Paragraph 6 to Article 3, or the application documents are incomplete and not corrected within the given period after being notified.
7. The benefits for the worker or the labor union from winning the case are less than the remuneration for the attorney-at-law. However, the case with significant impact or meaning on the society and public interests is not included.
8. The counterpart of the case is the Executive Yuan or the Central Competent Authority and its subordinate agencies(institutions).
9. The application is inconsistent with the objectives of the aids prescribed in the Act.

Article 18 
Applications filed by labors 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. A photocopy of unsuccessful mediation record issued by the labor competent authority of the municipal or county/city government.
5. The receipt for payment of necessary expenditures; but a photocopy of court order demanding such payment may suffice in an urgent or special situation.
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. A photocopy of unsuccessful mediation record issued by the labor competent authority of the municipal or county/city government.
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. The receipt for payment of necessary expenditures; but a photocopy of court order demanding such payment may suffice in an urgent or special situation.
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 46
The Regulations shall take effect on January 1st, 2020.
Except that the provisions of Article 2, Article 6, and Chapter 3 herein, amended and promulgated on November 10th, 2020, should take effect on July 1st, 2021, and the provisions amended and promulgated on December 30th, 2021 should take effect on January 1st, 2022, this amendment shall and shall become effective on the date of promulgation.