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The purposes of a labor union shall be to protect the rights and interests
of workers, to advance the knowledge and skill of workers, to develop
productive enterprises and to ameliorate the livelihood of workers.

A labor union shall be a juristic person.

The competent authority over a labor union shall be the Ministry of Interior
where the Central Government is concerned, the provincial (municipal)
government where a province (municipality) is concerned, and the hsien (
municipal) government there a hsien (municipality) is concerned, provided,
that business undertaken by a labor union shall be directed and supervised
by the competent authority over said business in accordance with law.

Persons employed in administrative or educational agencies governments of
various levels, and persons employed in munitions industries shall not
organize a labor union.

The functions of a labor union shall be as follows:
1. To conclude, revise, or abolish a collective agreement;
2. To render vocational assistance to its members;
3. To undertake savings project for its member;
4. To organize producers’, consumers’, or credit and other
cooperative societies;
5. To undertake medical and sanitary services for its members;
6. To undertake workers’ education and nursery projects;
7. To establish libraries, newspaper and magazine societies;
8. And to print and issue publications;
9. To undertake entertainment activities for its members;
10. To conciliate disputes between labor and management;
11. To conciliate disputes among the labor unions, or among the
members thereof;
12. To investigate the livelihood of a worker's family, and to compile
1abor statistics;
13. To make recommendations on enactment, revision or repeal of
labor laws or regulations;
14. To expedite the improvement of labor conditions and the promotion
of the welfare of its members;
15. To undertake matters which are conformity with the purposes as
defined in article 1 of this law, and matters which are provided for in
other laws.

An industrial union or a craft union shall be organized in accordance with
law, which workers of full 20 years of age, of the same industry in the same
area or in the factory or workshop, or in the same area and in the craft,
exceed the number of thirty.
The term “industrial union” shall mean the union organized by workers of
different crafts in various divisions of one and the same industry; whereas
the term “craft union” shall mean the union jointly organized by workers
of one and the same craft. Categories of both industrial craft unions shall be
prescribed by ordinance.

The jurisdictional of a labor union shall coincide with an administrative
area, provided, that for communication and transportation enterprises, or
public utilities, which extend over one administrative area, the
jurisdictional area of such labor union maybe separately defined by the
competent authority.

Only one labor union shall be organized by workers of one and the same
industry in one and the same area, or in one and the same factory or workshop;
or by workers engaged in one and the same craft in one the same area;
provided, that in case the number of workers of one and the same industry in
one and the same area is smaller than the number as prescribed in article 6,
they may organize a labor union in combination with workers of one and the
same industry in other areas or factories or workshops.

For the promotion to organize a labor union, there shall be joint signature by
promoters to the same number as that prescribed in article 6, and the
application shall be filed with the competent authority for registration.
The promoters shall immediately organize a preparatory committee for
undertaking preparatory work such as the soliciting of membership arid the
convocation of an inaugural general meeting.
At the completion of organization of a labor union, a copy each of the
report on preparatory work, the name list of its members, the brief personal
record of its officers, together with the constitution of the labor union,
shall be submitted to the competent authority for record. The competent
authority shall issue a certificate of registration accordingly.
Election of officers of a labor union shall be supervised by a
representative of its superior labor union. E1lection of officers of the
national general federation of labor unions shall be supervised by a
representative of the Ministry of Interior.

The constitution of a labor union shall contain the following particular:
1. Name:
2. Purposes;
3. Area;
4. Location;
5. Functions or enterprises;
6. Organization;
7. Admission withdrawal, and expulsion of members;
8. Rights and obligations of members;
9. Number, power, and term of office of officers, and the election and
removal thereof;
10. Meetings;
11. Operational funds and accounts;
12. Revision of the constitution of the union.

The constitution of a labor uni6n shall be adopted with consent of more than
two-thirds of its members or representatives present at the inaugural
meeting.

All male and female workers within the jurisdictional area of a labor union
who have attained full 16 years of age, shall have the right and obligation to
join and become a member of the labor union for industry or craft in which
they are engaged; provided, that those who have joined an industrial union may
be allowed not to join. a craft union.

All employees, except those in charge of business or administration who
represent the employer in exercising the right of management, shall be
eligible for membership.

A labor union shall have directors and supervisors to be elected from among
the members among the members thereof. The number thereof shall be as
follows:
1. Five to nine directors for 3 labor union below the hsien level;
2. Seven to 15 directors for a labor union covering two or more hsien or
municipalities;
3. Seven to 15 directors for the federation of labor unions of a hsien or
municipality under the jurisdiction of a provincial government;
3. 15 to 27 directors for a general federation of labor unions of a
province, or municipality directly under the jurisdiction of the
Executive Yuan; for a labor union covering two or more provinces,
Municipalities, for a labor union of a province or municipality, or
above the province or municipality level; and for a provincial or
municipal federation of labor unions of a special industry or craft;
5. 21 to 33 directors for a national labor union, or for a national
federation of labor unions of each industry or craft.
6. 31 to 51 directors for the national general federation of labor unions.
7. The number of supervisors of a labor union of various shall not
exceed one-third of the number of its directors.
8. A labor union of various levels may have substitute directors and
supervisors, the number thereof shall not exceed one half of the
number of its directors or supervisors respectively.

When the number of. directors or supervisors as provided for in each item of
the preceding paragraph is more than three, one to 17 standing directors or
supervisors may be elected by mutual votes of the directors or supervisors
respectively according to the number thereof. And, when the number of standing
directors is more than five, a president may be elected by mutual votes of the
standing directors.

The board of directors shall administer all affairs of the labor union and
represent it in its external affairs.
The supervisor or board of supervisors shall audit accounts and examine the
progress of various operations of the union.

Any member of a labor union who is of the nationality of the Republic of China
and has attained full 20 years of age may be elected director or supervisor of
the union.

The term of office of directors and supervisors of a labor union shall be
three years, and they shall be eligible for reelection; provided, that the
number of those reelected shall not exceed two-thirds. The president of a
labor union shall be eligible for reelection for one term only.

A labor union shall be jointly and severally responsible for the damage
inflicted on others by any of its directors or their agents in the performance
of their duties; provided, that this shall not apply to the damage in
respect to the employment relations suffered by the employer as a result of
the cooperative action which members of the union have been caused to take
or of the restriction which is put on the action of members of the union, on
account of matters relating to labor conditions.
A labor union is not responsible for any private external activities of its
officers or members.

A general meeting or a meeting of members’ representative of a labor union is
of two kinds, a regular meeting and a an ac hoc meeting, both of which shall
be called by the president of the union. The regular meeting of a labor
union of the national level shall be convened once every three years; and that
of a labor union of provincial (municipal) level, or below the provincial (
municipal) level shall be convened once a year. The an ac hoc meeting shall be
convened upon request of more than one-tenth of the entire membership, or when
the board of directors deems it necessary.

The following matters shall be decided by a general meeting or a meeting of
members, representatives of a labor union:
1. Revision of the constitution of the union;
2. Budgets of revenues and expenditures of the union;
3. Approval of enterprise reports and settlement of accounts;
4. Maintenance or alteration of labor conditions;
5. Establishment, management and disposal of operational funds;
6. Initiation of projects of common interests to members;
7. Organization of a general federation, or a federation, or a federation of
labor unions;
8. Merger or division of the union;
9. Removal of directors or supervisors in case of dereliction of duty or
violation of law.

A general meeting or meeting. of members, representatives of a labor union
shall not be held without the attendance of more than one half of the entire
membership or representatives, and the resolutions at the meeting shall be
adopted by a majority of the members or representatives present; provided,
that resolutions on matters as referred to in items 1 and 7 of the preceding
article shall be adopted by more than two-thirds of the members or
representatives present.

The operational funds o f a labor union shall be derived from the following
sources:
1. Admission fees and regular membership fees;
2. Special funds;
3. Special contributions;
4. Government subsidies.

The amount of admission fees for each member as referred to in the preceding
paragraph shall not exceed the income of two days’ wages of the person
concerned at the time of admission.
The regular membership fee shall not exceed two percent of the monthly
income of the individual member concerned. The raising of special funds or the
receiving of special contributions shall be based on resolution of a general
meeting or a meeting of members, representatives of the labor union, and
reported to the competent authority for record. The government subsidies shall
be granted only to those general federations of labor unions above hsien or
municipal level, and such subsidies shall be listed in the budgets of the
national or local government respectively.
The membership fees of a member union to its superior union may be paid, on
proportional basis, either according to its revenue or according to its number
of representatives present. The measures therefor shall be determined by the
meeting of members’ representatives.

To undertake welfare projects for its members, a labor union shall appropriate
welfare funds in accordance with the Statute on Employee Welfare Fund. A
general federation of labor unions above hsien or municipal level may apply to
the competent authority for a subsidy.

A labor union shall report annually to its members the condition of its
property. Representatives may be elected to check the property of the union
upon request of more than one-tenth of the entire membership with their
joint signatures.

A labor union shall decide by itself the allocation of and disbursement from
its operational funds, and methods of auditing, and shall make a report
thereon to the competent authority for record.

As for labor disputes or disputes on. employment, no strike shall be
declared unless mediation procedures therefor have been proved a failure and
such strike is favored by a majority of the entire membership by secret ballot
in a general meeting of the labor union.
In the course of a strike, the labor union shall not disturb public peace
and order, or inflict an injury on the lift, property or personal freedom of
others.
A labor union shall not demand an increase in wages exceeding the standard
wages and declare a strike therefor.

A labor union shall, in December of each year, report the following
particulars to the competent authority.
1. Name and experiences of its officers;
2. Name lists of m embers admitted and withdrawn;
3. Account books;
4. Operational condition of its enterprises;
5. Details of mediation in various disputes.

When it is deemed, the competent authority may require at any time the labor
union to submit reports on the particulars as referred to in the preceding
paragraph.

A labor union shall report to the competent authority the revision of its
constitution, or charge of its important officers.

A labor union and any of its officers or members shall not:
1. Seal up the factory or goods;
2. Take away without permission or damage the goods, commodities
or tools of the factory;
3. Detain or physically hurt the workers or the employer;
4. Force the employer to employ workers recommended by them except
as agreed upon;
5. Carry weapons at a gathering or in a procession;
6. Exercise extortion on a worker;
7 Order the union members to start a work slowdown;
8. Charge commission or collect contributions without proper
authorization.

The competent authority may cancel an election or resolution of a labor
union if it is in violation of laws or ordinances, or the constitution of
the union.

The competent authority may require a labor union to revise its constitution
if it is in violation of laws or ordinances.

When a labor union takes exception to the measures rendered in accordance`
with the preceding two articles it may institute an administrative appeal;
provided, that such appeal shall be instituted within 30 days after the
service of the document containing the decided measures.

A director or supervisor of a labor union who acts contrary to law or
ordinance, or is derelict in his duty may be recalled by resolution of a
general meeting of the labor union. Such resolution shall be reported to the
competent authority record.

Association of a labor union with a foreign labor union shall be based on
resolution of a general meeting or a meeting of members’ representatives of
the labor union. Prior approval of the competent authority is required.

The employer or his agent shall not refuse to employ, dismiss, or give other
unfair treatments to a worker by reason of his holding office in a labor
union. Directors and supervisors of a labor union may request official leave
of absence for the handing of union affairs. Standing directors may request
such official leave of absence for half day or a full day to handle union
affairs. The total period of such official leave for each director and
supervisor shall not exceed 50 hours per month. Under special circumstances,
the period of official leave of absence may be prescribed through
negotiation between labor and management, or in the agreement.

The employer or his agent shall not make it a condition of employment that the
worker will not hold office in a labor union.

During the period of a dispute between labor and management, the employer or
his agent shall not dismiss a worker by reason of his having participated in
the said dispute.

When a debtor of a labor union goes bankrupt, the said union shall have the
preferential right to claim against his property.

The public property of a labor union shall not be subject to confiscation.

The competent authority may dissolve a labor union for any of the following
reasons:
1. If it does not posses the fundamental requirements for its
establishment.
2. If it disturbs public peace and order.

If the labor union takes exception against the measure for dissolution, it may
institute an administrative appeal within 30 days as of the date of receipt of
the document containing the decided measure.

In addition to dissolution by order as provided for in the preceding
article, a labor union may declare dissolution for any of the following
reasons:
1. Bankruptcy of the labor union;
2. Insufficient membership;
3. Merger or division of the labor union.

A labor union shall be merged or divided accordingly when there is a change in
the classification of its industry or craft, or in the demarcation of its area
of organization. The labor unions of one and the same industry established
in accordance with the provisions of article 8 may effect merger or division
with concurrence of more than one half of its members, and shall make
application to the competent authority for record.

Rights and obligations of a labor union ceasing to exist due to merger shall
be succeeded by the surviving or new labor union.
Rights and obligations of a labor union ceasing to exist due to division shall
be succeeded by the new labor union which has been established due to the said
division. Portions of such rights and obligations to be succeeded shall be
decided at the time when the resolution of said division is made.

A labor union dissolved by order, or due to bankruptcy, shall be immediately
reorganized in accordance with law.
In case of dissolution, a labor union shall, except where the dissolution is
made by order, report within 15 days to the competent authority on reasons for
the dissolution and the date hereof.

When a labor union is dissolved. except due to merger, division, or
bankruptcy, the property thereof shall be promptly liquidated.
The provisions concerning a juristic person as provided for in the Civil
Code shall apply to the liquidation as referred to in the preceding
paragraph.

After a labor union is dissolved, the residual property thereof shall,
except that for meeting lidbiliti6s, be vested in the reorganized labor union.
In case a labor union is dissolved due to insufficient membership, such
residual property shall be vested in the general federation of labor unions
which the labor union has joined; or vested in the federation of labor
unions if it has not joined the general f6dbratibn of labor unions. In case
the labor union has joined neither the general federation of labor unions
nor the federation of labor unions, such residual property shall be vested
in the autonomous agency at the place when the labor union is located.

When there are more than seven industrial or craft union in one and the same
hsien or municipality, and when it is promoted by more than one-third of them,
application for registration of organization of a hsien or municipal general
federation of labor unions may be filed with the competent authority.

Where a majority of hsien and municipalities in one and he same province
have already set up their respective general federation of the labor unions,
and when it is promoted by more than one-third of them, application for
registration of organization of a provincial general federation of labor
unions may be filed with the competent authority.

At the promotion of seven or more 1abor unions of one and the same industry or
craft, application for registration of organization of a provincial (
municipal) or national federation of labor unions for a specific industry or
craft may be filed with the competent authority.
In respect to federation of labor unions for a specific industry or craft,
only one federation shall be organized for each specific industry or craft.

As the promotion of 21 or more provincial general federations of labor unions,
general federations of labor unions of municipality directly under the
jurisdiction of the Executive Yuan, or national federations of labor unions
for a specific industry or craft, application for registration of organization
of a national general federation of labor unions may be filed.

In addition to the four preceding articles, provisions concerning a labor
union as provided for m this law shall apply mutates mutandis to a general
federation of labor unions, and federation of labor unions, of all levels.

An industrial or craft union may set up branches, section or groups. A group
is composed of five to20 members. A section may be set up when there are three
or more groups. A branch may be set up when there are three or more
sections. All branches, sections and groups shall be distinguished by
numerals.

A branch shall have three to nine secretaries and organize a secretariat,
and may elect one to three standing secretaries. A section shall have one
secretary and two assistant secretaries. A group shall have one group leader
and one deputy group 1eader. All officers mentioned above shall be elected
by the members concerned in accordance with law. The term of office of said
officers shall be one year and they shall be eligible for reelection.
A branch may have substitute secretaries, the number thereof shall not
exceed one half of that of secretaries of said branch.

Secretaries of a branch and a section, and group leaders shall administer
all affairs under the direction of the labor union; provided, that in case
of necessity and with the approval of the labor union, a branch may act
independently in respect to its external affairs.

In the case of violation of any of the provisions as provided for in article
26 of this Law, an instigating officer or member of the labor union who is
guilty of a criminal offence shall be dealt with according to the provisions
of the Criminal Code.

A labor union, or its officer or member, who commits any act mentioned in each
item of article 29 may, in addition to the punishment inflicted according to
the Criminal Code for the act which is in violation of the Criminal Code, be
fined in accordance with law.

An employer, or the agent thereof, who violates any of the provisions as
provided for in articles 35, 36 and 37, may, in addition to the punishment
inflicted according to the Criminal Code for the act which is in violation
of the Criminal Code, be fined in accordance with law.

Under any of the following circumstances, a director of a labor union may be
fined in accordance with law:
1. Failure to submit a written report, or making a false written report, on
matters as provided for in articles 27 and 28, or paragraph 2 of article
44;
2. Violation of provisions of article 34;
3. Violation of provisions of paragraph 1 of article 44.

When in a national emergency a national federation of labor unions is not in a
position to convene a national meeting of members’ representatives, the
number of vacant seats of directors and supervisors shall be filled in through
the supplementary election of affiliated labor unions which are able to hold
meetings, provided, that the approval of the competent authority is
obtained. The originally elected directors and supervisors shall continue to
exercise their functions. The term of office of directors and supervisors thus
elected shall be in accordance with the provisions of article 17.
The measures for the said supplementary election of directors and
supervisors shall be prescribed by the Ministry of Interior.

The Enforcement Rules of this Law shall be prescribed by the Ministry of
Interior.

This Law shall become effective upon promulgation.