History

The Rules are prescribed in accordance with Article 48 of Labor Union Act (here-in-after referred to as the Act).

Factories and sites referred to in Subparagraph 1, Paragraph 1 to Article 6 of the Act are those workplaces with independent personnel, budget and accounting systems, and are entitled to apply for factory, business or commerce registration according to related statutes.
Business entities referred to in Subparagraph 1, Paragraph 1 to Article 6 of the Act are those institutes, legal persons or groups which are employing workers to do the work.

According to their organizational coverage, confederated labor union organizations are divided into national confederated labor union organizations and regional confederated labor union organizations.
The site of a regional confedearated labor union organiation shall be set up in the scope of the organizational coverage, and it shall register in and apply for certificate of registration from the municipal, county (city) governemtns where its site is located.
The following labor organizations, which were established before the implementation of the Act on May 1, 2011, shall be under the jurisdiction of the Central Competent Authority :
1.Conferderated labor union organizations under the jurisdiction of the former Taiwan Provincial Government.
2.Those labor unions that are formerly designated by the Central Competent Authority according to the related statutes as in communications, transportations, public utilities which are spanning various administrative districts.

The term “types and numbers of labor unions” referred to in Paragraph 2 to Article 8 of the Act denotes to those within the scope of the nation, the mount of those labor unions they are of the identical type of the established national confederated labor union organizations.
If national confederated labor union organizations organized in accordance with Paragraph 3 to Article 8 of the Act cannot reach one / third of the identical types and numbers, or their administrative districts encompassed cannot reach one and half of total number of municipal, county (city) governments, the Central Competent Authority shall not allow them to register.

The term “identical types of professional unions” referred to in Paragraph 2 to Article 9 of the Act denotes to the professional unions whose members’ professional expertise and contents of their work cannot be separated from those of other professional unions.

The name of a labor union shall be registered in Chinese. Its characters shall be limited to the Chinese dictionary complied by the Ministry of Education, or Tzi-Yuan, Tzi-Hai, Kan-Shi or other popularly used Chinese dictionaries.
The name of a corporate union shall identify clearly the name of its factory and site, business entity, affiliated enterprise or financial holding company.
The name of industrial union, professional union and confederated labor union shall identify clearly the organizational region and type, unless otherwise specified in the Act.

The term “recruiting members openly” referred to in Paragraph 1 to Article 11 of the Act denotes to utilizing such methods as public announcements, the Internet, newspapers, or other identifiable methods to recruit those persons who are eligibile to join the labor union.

Name lists of members, directors and supervisors referred to in Paragraph 2 to Article 11 of the Act shall record names, methods of contact and residence of the chairperson of the board of directors.
Conferderated labor unions shall record the names, addresses and methods of contact of their affiliated labort unions.
When a labor union applies for registration, it shall submit the imprints of it official seal in triplet to the compete authority for record.

The competent authority shall refuse to register a labor union when one of the following matters occur:
1.the number of signatures of the founding members in application is less than thirty,
2.failure to form a preparatory committee,
3.failure to openly recruit members,
4.failure to draft the union charter,
5.failure to convene a general inaugural meeting,and
6.failure to register in accordance with related regulations within thirty days after the date when a general inaugural meeting is convened.
When a labor union proceeds to register, its preparatory committee shall submit the name list of its founding members, including their names, methods of contact, certificates of service and job, and signatures.
Except for matters referred to in the preceding two paragraphs, if a labor union has any other deficiency during registration that can be remediable, the competent authority shall order it to remedy within a specific period. If it cannot remedy within the specific period, the competent authority shall refuse its registration.

When a preparatory committee applies to the competent authority for a certificate of registration, it shall bind into a volume of all required documents as prescribed by Article 11 of the Act. If the required documents are incomplete, the competent authority shall refuse its application.
The competent authority shall number all the applications for registration referred to in the preceding paragraph according the order of their receipt. It shall record the receiving time by minute.
When there are two or more preparatory committees of the same corporate union or the identical type of craft union, and they are applying to the competent authority for a certificate of registration in accordance with Paragraph 1 to this Article of the Rules and Paragraph 2 to Article 11 of the Act, the competent authority shall accept the registration and issue a certificate of registration to the committee which files application first. When applications are received at the same time and are complied with the requirements for registration, it shall be decided by a draw and shall be done by the representatives of the respective committees.
If the same application filed with different competent authorities in accordance with Paragraphs 1 and 2, and are complied with the requirements for registration, the competent authority that received the application first shall process the application. When it is impossible to distinguish which application is received first, the Central Competent Authority shall designate one of the competent authorities to hold a draw.
The designated competent authority referred to in the preceding paragraph shall inform the preparatory committees of a labor union that files the application and other concerned competent authorities about the time and location of the draw. The representatives of the preparatory committees shall draw to decide.

The subparagraphs that shall be recorded in a union charter concerning the initiation, withdrawal, suspension, expulsion, designation and discharge which are referred to in Subparagraphs 7, 9 and 11 of Article 12 of the Act, shall include their qualifications, conditions and procedures for handling.
The designation and discharge referred to in the preceding paragraph shall be decided by secret ballots unless otherwise stipulated in the union charter of a confederation.

Manager who exercises managerial authorities on behalf of the employer as prescribed in Article 14 of the Act shall not become a founding member of a corporate union.

Chapter 2 of the Act and Chapter 2 of the Rules shall apply, mutatis mutandis, to the organizational procedures of confederation of labor unions

The number of members’ representatives of a labor union elected in accordance with Paragraph 1 to Article 15 of the Act, shall be at least three times of the number of directors of the board to be elected.
The number of members’ representatives of confederation of labor unions shall be at least two times of the number of directors of the board to be elected.

Once the chairperson and vice chairperson of a labor union are directly elected by its members or members’ representatives in accordance with its charter, they are immediately qualified as directors of the labor union.
The number of the directors referred to in the preceding paragraph shall be counted and included in the number of directors prescribed in the union charter.

The directors and supervisors of a labor union shall be re-elected before the expiration of their current term of office.
The term of office for directors or supervisors begins on the date of the first directors’ or supervisors’ meeting. The first directors’ or supervisors’ meeting shall be held within ten days of the expiration of the term of office for former directors or supervisors.

Labor union shall notify those persons who are elected as directors or supervisors within ten days of the elections.
If the elected directors or supervisors decide to relinquish their posts, they shall notify the labor union in writing before the convention of the first directors’ or supervisors’ meetings. Their vacancies shall be filled in order by the alternate directors or supervisors.

When a director or a supervisor is disqualified by the final ruling of a court, or is discharged by a labor union in accordance with its charpter, his (or her) action undertaken shall remain valid before the effective date of such a disqualification ruling or discharge.

When an alternate director or supervisor fills in a vacant position, his (or her) term of service shall be limited to serve out the remainder of the original term of service.
In case that a labor union has filled in the vacancies of directors and supervisors in accordance with the preceding paragraph, but still cannot make the quorum as stipulated in the union charter to convene a directors’ or supervisors’ meeting, it shall hold an additional election to fill in the vacancy. The newly elected directors or supervisors are to serve out the remainder of the original terms of service of former directors or supervisors.

When a labor union is to hold an election to fill in the vacant position of its chairperson of the board of directors, chairperson of the board of supervisors, or his (or her) substitute, it shall be held in accordance with the union charter.
In case that the union charter is silent on the fill-in election referred to in the preceding paragraph, and the remaining term of service of the chairperson of the board of directors or supervisors is more than a quarter of the full term of service as stipulated in the union charter, the fill-in election shall be held within ninety days of the date when the position becomes vacant. The person so elected shall serve out the remaining of the original term of service of the chairperson of the board of directors or supervisors. If the remaining term of service is less than a quarter of the full term of service as stipulated in the union charter, the substitute for the vacant position of the chairperson shall be elected among directors or supervisors themselves. When the union charter is silent on the election of such a substitute, a fill-in election shall be held within ninety days of the date when the position becomes vacant.

Industrial groups or commercial groups referred to in Paragraph 2 to Article 19 of the Act denote to groups that are established in accordance with the Industrial Groups Act and the Commercial Groups Act.

Meetings of a board of directors and a board of supervisors of a labor union shall be held separately.

The related stipulations in the Civil Procedure Act shall be applied, mutatis mutandis, to the delivery of the notices of meetings prescribed in the Act.

In case that a supervisor tables a request for holding an extraordinary meeting in accordance with Paragraph 3 to Article 23 of the Act, it shall be resoluted by a board of supervisors’ meeting if a labor union has such a board.

With the consent of individual members, and a contract or a collective agreement between an industrial labor union or a craft labor union and the employer contains a due check-off clause, the employer shall deduct due from an employee’s wages and transfer it to the labor union.

The payment of the regular dues may be deducted and transferred in lump sum by an employer to the labor union according to total amount of the agreed-upon members’ monthly wages. Members disagreed with due check-off shall declare their own monthly wages and pay their dues themselves to the labor union.
A labor union may set up its own initiation fees or regular dues classification table in its own union charter in accordance with Article 28 of the Act.

The term “transfer” as referred to in Paragraph 3 to Article 28 of the Act and Paragraph 1 to Article 26 of the Rules denotes to deliver the payment directly to the labor union or wire it to an account set up by a labor union in its own name.

When union members or member representatives request to audit the financial situations of the labor union, they shall file in writing.
When proceeding to audit the financial situations of the labor union in accordance with the preceding paragraph they shall be accompanied by a supervisor. If the labor union has a board of supervisors, the supervisor shall be designated by the board in accordance with Paragraph 3 to Article 18 of the Act.

When members or members’ representatives raise objections to the convening procedures or methods of resolutions of the general members or members’ representatives meeting in accordance with Paragraph 1 to Article 33 of the Act, the labor union shall record the names of the members who objected, the names of the labor unions they represent, and the content of their objections in the meeting minutes.

The term “other unfair treatments” referred to in Subparagraphs 1 and 3, Paragraph 1 to Article 35 of the Act denotes to any direct or indirect unfair treatments toward an employee, including any intention that tries to impede an employee to participate in labor union activities, to reduce the strength of a labor union, or to unduly influence the development of a labor union.
The term “other unfair treatments” referred to in Subparagraph 4, Paragraph 1 to Article 35 of the Act, denotes to the situations that, in addition to those referred to in the preceding paragraph, shall include such unfair treatments as an employer who threatens to file or actually files an inappropriate damages proceedings in a civil court case toward an employee when he (or she) takes part in or supports an activity which is resoluted by a labor union.

The term “not to join a labor union” referred to Subparagraph 2, Paragraph 1 to Article 35 of the Act, shall include demanding an employee to withdraw from a labor union that he (or she) has already joined.

The term “labor union businesses” shall include the following activities:
1.Handling such business affairs of the labor union as convening meetings, holding education and training programs for members, processing labor-management disputes for members, or engaging in other daily business affairs,
2.Engaging in or participating in labor-related or labor union business-related activities or meetings as designated or held by the competent authorities or the competent business-related authorities,
3.Taking part in labor-related or labor union business-related activities or meetings held by the confederation of labor unions which they are affiliated with,and
4.Handling other business affairs as agreed with the employer.

In case that a new labor union is established through merging or splitting, it shall follow the procedures as prescribed in Article 11 of the Act, provided that, the signature of the founding members and the recruitment of members openly are not required.

In case that a competent authority orders a labor union to reorganize in accordance with Paragraph 2 to Article 38 of the Act, it shall follow the procedures as prescribed in Article 11 of the Act.
The competent authority may revoke a labor union’s registration in case it fails to reorganize in accordance with the preceding paragraph.

In case when an administrative district has changed, a labor union with the resolution of its general members’ or representatives’ meeting decides to merge, change its name or retain its original name, it shall follow the procedures as prescribed in Articles 26 and 27 of the Act.
In case when an administrative district has changed, a labor union has not resolved to change its name within ninety days, its original name shall be retained and the competent authority shall issue a certificate of registration in accordance with its original name, provided that, the labor union still may amend its union charter and change its name in accordance with Article 26 of the Act.
If a craft union has organized before change of an administrative district and has resulted in that the number of same type of craft unions in that district is more than one, it shall not be restricted by Paragraph 2 to Article 9 of the Act.

When an administrative district has changed and a labor union has resolved in accordance with Paragraph 5 to Article 38 of the Act to decide the start of its sequence of term, the resolution shall be reached by the current term’s general members’ or representatives’ meeting when the administrative district has changed.
When a labor union has resolved to restart its sequence of term and its chairperson’s term of service is also to restart, it shall amend its union charter in accordance with Article 26 of the Act.

Before a competent authority orders a labor union to suspend its operation partly or wholly in accordance with Paragraph 1 to Article 43 of the Act, it shall consult with the competent authority of related business.

When a competent authority decides to punish a labor union in accordance with Paragraph 2 to Article 43 of the Act, the punishment shall be considered whether such contravention has impeded public interests, the consequence of punishment has affected the operation and development of the labor union, or such punishment is made against the principle of proportionality.

When a labor union decides to change the number or the term of service of its directors or supervisors in accordance with Article 47 of the Act, it shall be done at the same time when it convenes its general members’ or representatives’ meeting to amend its union charter and shall concurrently resolve the sequence of term and date of implementing the aforesaid amendment. However, when the term of service of its directors and supervisors has expired before the effective date of implementation of the Act, it shall not change that term of service.

When a labor union has not elected chairpersons of its board of directors and board of supervisors before the amendment and implementation of the Act on May 1, 2011, it shall elect chairpersons of its board of directors and board of supervisors after the expiration of its current term of service of its directors and supervisors in accordance with Paragraphs 3 and 4 to Article 17 of the Act. The term of service of chairperson of board of directors of the labor union shall be counted as the first term.

The Rules shall become effective on May 1, 2011.