History

The Regulations are prescribed in accordance with Paragraph 5 to Article 6 of the Act for Settlement of Labor-Management Disputes (here-in-after referred to as the Act)

The scope of aid for workers in labor-management disputes includes the following:
1. Fees for attorneys representing workers (hereinafter referred to as representation fees) in civil litigation procedures, injunctive procedures, supervisory procedures and compulsory execution procedures, and for drafting legal documents;
2. Representation fees for filing lawsuits before commencement of criminal trial procedures;
3. The cost of civil litigation procedures, injunctive procedures, supervisory procedures and compulsory execution procedures in a court of law;
4. Necessary living expenses that workers require during litigation periods.
5. Representation fees for arbitration procedures conducted in accordance with the Arbitration Act;
6. Representation fees for attorneys filing cases on behalf of workers or job applicants to seek adjudication of disputes resulting from unfair labor practices as specified in Subparagraphs 1 to 4 of Paragraph 1 of Article 35 of the Labor Union Act.

When a worker insufficient in financial resources files a civil litigation due to unsuccessful mediation by the competent authority and has one of the following situations, he/she may apply for the aids referred to in Subparagraph 1 of the preceding article:
1. Dispute with employer involving labor contract termination in accordance with the Labor Standards Act, unpaid severance or retirement payment (labor pension).
2. Employer failing to compensate or pay damages for occupational accidents.
3. Employer failing to insure the worker in accordance with the Labor Insurance Act or the Employment Insurance Act or under-declaring insured salary that causes damage to the worker.
Once the lawsuit has entered the second instance, third instance or retrial, the worker may apply for the aid prescribed in Subparagraph 1 of the preceding Article without going through mediation by the competent authority.
If the worker has deceased or is incapacitated due to other reasons, his/her survivor or guardian may apply for the aids referred to in Subparagraph 2 of Paragraph 1.
When a worker applies for the aids referred to in Subparagraph 1 of the preceding article, he/she shall file within 180 days from the date that the procedures concerned commence.

When the employer acts according to Paragraph 1, Article 48 of Act for Settlement of Labor-Management Disputes and files a civil litigation against a worker over the same case that has been confirmed by the Board on Unfair Labor Practices as an unfair labor practice and the worker in concern lacks sufficiency in financial resources, the worker may apply for the aid prescribed in Subparagraph 1 of Article 2 without going through mediation by the competent authority.

When workers lacking sufficiency of financial resources or their legal representatives file lawsuits over occupational accidents caused by the employer's violation of the Labor Safety and Health Act, such workers or their legal representatives may apply for the aid specified in Subparagraph 2 of Article 2.

The term sufficiency of financial resources used in the three preceding articles, Article 14 and Article 34 refers to situations where the applicant earns over 80,000 NT dollars (same currency applies hereinafter) per month or owns assets worthy of more than three million in total at the time of application. However, the property that the applicant owns and lives at is not included.
If an applicant as stated in the preceding paragraph has to pay regular expenses needed to take care of family members suffering critical injuries or diseases, or the applicant 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.

The standards of remuneration for agency service of civil litigation are as follows:
1. Forty thousand in maximum per instance for individual application or up to sixty thousand for a complicated case if deemed necessary after reviewing.
2. One hundred thousand in maximum per instance for joint application or up to one hundred and twenty thousand for a complicated case if deemed necessary after reviewing.
3. Thirty thousand in maximum for each application for injunctive procedures.
4. Ten thousand in maximum for each application for supervisory procedures.
5. Forty thousand in maximum for each application for compulsory execution procedures.
6. Ten thousand in maximum for each application for legal document drafting.

When more than one worker individually and separately apply for remuneration for agency service of civil litigation with regard to the labor dispute of the same reasons and facts, their applications may be combined as one single case of application.

Persons apply for remuneration for agency service of civil litigation shall submit the following documents:
1. Application form.
2. Statement and relevant evidence concerning labor dispute.
3. Statement and relevant documents concerning the situation of sufficiency in financial resources of the worker and his/her relatives living in the same domicile.
4. A photocopy of unsuccessful mediation record issued by the labor competent authority of the municipal or county/city government.
5. An affidavit of not receiving aids from other government agencies.
Persons applying for aids in accordance with Article 4 of the Act shall also submit the decision award on unfair labor practices.

When there is one of the following situations, the application for remuneration for agency service of civil litigation will be rejected:
1. The litigation will bring no substantial benefit or its winning prospect is apparently none.
2. The same item of aids for the same case has been provided by other 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, or the application documents are incomplete and not corrected within the given period after being notified.
7. The benefits for the worker 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.

When the application is approved after reviewing, the applicant shall appoint a suitable attorney-at-law from the name list of attorneys-at-law for legal aids provided by the Central Competent Authority.
The Central Competent Authority shall assign an attorney-at-law from the name list of attorneys-at-law if the applicant cannot appoint one in accordance with the preceding paragraph.
The appointed attorney-at-law shall charge the rate for the legal service in accordance with the standards of remuneration for agency service of civil litigation, and shall not charge any extra expenses.
The Central Competent Authority shall remove an attorney-at-law in violation of the preceding paragraph from the name list of attorneys-at-law for aids.

When a case of aids has been approved, the appointed attorney-at-law shall prepare such documents as indictment, statement of claims, his/ her bank account, notices of court session and related receipts within ninety days from the date of approval and apply to the Central Competent Authority for appropriation.
When a case of aids has been approved, if the appointed attorney-at-law who has successfully achieved mediation or settlement prescribed in the Civil Procedures Act shall be paid for the rate of his/her legal service in accordance with the standards of remuneration for agency service of civil litigation.

When a case of aids has been approved, if the applicant fails to comply with the implementation of aids, passes away, goes missing or for other reasons to make the aids not necessary to be continued further, the Central Competent Authority may terminate his/her Aids.
When a case of aids has been approved, if the applicant has one of the situations prescribed in Subparagraph 2 or 5 of Article 10, the Central Competent Authority may revoke his/her aids.
When any of the situations referred to in the preceding paragraph occurs, the Central Competent Authority shall order the applicant to return all the remuneration that has been appropriated to the appointed attorney-at-law within a given period. If the applicant does not return within the given period, retrieving measures shall be taken in accordance with related statutes.
The applicant who fails to return the expenses in accordance with the preceding paragraph shall not be allowed to apply for the aids within five years from the date of revoking his/her aids in accordance with the second paragraph.

Workers who are financially insufficient and file lawsuits against their employers to settle disputes over the termination of a labor contract per Labor Standards Act, owed severance pay or retirement pensions after the competent authority fails to mediate may apply for the aid specified in Subparagraph 3 of Article 2.
The application of the preceding paragraph shall be submitted no later than 60 days after the final ruling of the court is achieved.

The lawsuit court cost aid for each worker shall be 20,000 at the maximum for each case.

When a number of workers individually apply for aid for the court costs of a lawsuit over the same labor-management dispute, the applications may be consolidated and processed as one single case.

Applications for aid for lawsuit representation fees 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 his or her relatives living at the same residence and related proof documents
4. A photocopy of the record of mediation failure from the labor authority of the special municipality or county/city in concern
5. The receipt for payment of court costs; but a photocopy of court order demanding such payment may suffice in an urgent or special situation
6. An affidavit stating that no aid from other government agencies has been received
If a worker applying for aid as stated in the preceding paragraph has already applied for aid for lawsuit representation fees according to Subparagraph 1 of Paragraph 1 of Article 3, the documents specified in Subparagraphs 2 to 4 in the preceding paragraph shall not be needed.

Applicants receiving approval for aid for lawsuit court costs shall submit to the central competent authority within 30 days after receiving the notification the receipt of payment and information of the bank account to which the aid amount is to be transferred.
When the aid application described in the preceding paragraph is filed jointly by more than one applicant, one of the applicants shall be authorized to receive the payment.
Applicants filing for aid for lawsuit court costs according to the proviso in Subparagraph 5 of Paragraph 1 of the preceding article and receiving approval shall submit proof of payment of court costs to the Central Competent Authority for verification within 30 days after paying the court costs.

Under any of the following circumstances, applications for aid for lawsuit court costs shall be rejected:
1. The situation specified in Subparagraphs 1, 2, 5, 6, 8 or 9 of Article 9 exists.
2. Approval of the application does not comply with the regulation set forth in Article 14.
3. The benefit expected from winning the lawsuit is lesser than the court costs unless the outcome has a significant meaning or positive effect on the society and public interest.

The Central Competent Authority may terminate the aid when an aid applicant receiving approval does not cooperate in the aid execution procedure without justification and the aid cannot be provided.
The Central Competent Authority may revoke the aid when an aid applicant receiving approval is found to be with the situation specified in Subparagraph 2 or Subparagraph 5 of Article 10.
The Central Competent Authority shall demand the applicant to return within a given period the entire aid for court costs already appropriated when the situation specified in Paragraph 1 or the preceding paragraph occurs. Legal action shall be taken if such an applicant fails to return the aid within the given period.
An applicant failing to return the aid as stated in the preceding paragraph may not apply for the aid specified in Article 2 for five years starting from the date the aid termination or revocation occurs.

When the court costs are not paid by the aid applicant, the amount shall be returned within 30 days after the applicant receives is compensated or the court returns the amount. The amount to be returned shall be the amount funded.
The Central Competent Authority shall repeal the original aid approval and demand return of already disbursed amount if an applicant fails to return the amount as specified in the preceding paragraph. Legal action shall be taken if such an applicant fails to return the amount within the given period. Such an applicant may not apply for the aid specified in Article 2 for five years starting from the date the aid approval is repealed.

When a worker files a lawsuit because of disputes over labor contract termination and is unemployed during litigation period, if he/she having one of the following situations may apply to the Central Competent Authority for aids for necessary living expenses required for litigation period (here-in-after referred to as Living Expenses Aids):
1. Who is qualified to receive full aids in accordance with the Legal Aids Act.
2. Who is qualified as deficiency in financial resources after review.
3. Who files a lawsuit because of the dispute over gender equality in employment, and is qualified to receive aids in accordance with the Regulations for Providing Legal Aids in Lawsuits Concerning Gender Equality in Employment and also as deficiency in financial resources.
The Central Competent Authority shall define the deficiency in financial resources referred to in Subparagraphs 2 and 3 of the preceding paragraph in accordance with the standards for reviewing deficiency in financial resources prescribed in the Legal Aids Act.
The lawsuit filed for the disputes over labor contract termination prescribed in Paragraph 1 includes one of the following situations:
1. Claims for severance or retirement payment (labor pension).
2. Claims for ascertaining the existence of employment relationship.
3. Claims for compensation for occupational accidents from the employer in accordance with related statutes.

When a worker applies for Living Expenses Aids for the first time, he/she shall registrate at a public employment services institution for job placement.
When a worker continues to apply for Living Expenses Aids, he/she shall in person apply for job placement to the public employment services institution each time and submit two job-interview records.
The job-interview record referred to in the preceding paragraph denotes to the job-interview result card, of which the job search status is verified by the job recruiting unit or public employment service agency, or other proof documents.
The period of aids for each time shall begin on the date of job placement application, and the two job interviews shall be recorded within thirty days from the date of job placement application.
A worker shall not concurrently apply for Living Expenses Aids during the period of receiving unemployment benefit of employment insurance, living allowance for vocational training, temporary work allowance, injury or sickness benefit of labor insurance, old-age benefit of labor insurance, allowance or aids prescribed in the Act of Protecting Workers of Occupational Accidents, or related litigation aids from other government agencies.

A worker applying for Living Expenses Aids shall submit the following documents:
1. Application form.
2. A photocopy of indictment, oral or written defense statement, or appealing statement.
3. Statement and relevant documents concerning the situation of sufficiency in financial resources of the worker and his/her relatives living in the same domicile, or a photocopy of approval notice of the aids issued in accordance with the Legal Aids Act.
4. Proof of record of job search with the status of job placement stated thereon.
5. Job-interview records prescribed in the preceding article.
6. Affidavit for necessary living expenses of the aided worker required for litigation period.
When a worker applies for the aids in accordance with Subparagraph 3 of Paragraph 1 to Article 22, he/she shall also submit a photocopy of approval notice of the aids issued in accordance with the Regulations for Providing Legal Aids in Lawsuits Concerning Gender Equality in Employment.

The period of receiving Living Expenses Aids shall begin on the date of applying for job placement for the first time after the litigation till the date of final ruling or settlement of the court.
When a worker applies for Living Expenses Aids again, if the days of applying for job placement are overlapping with the previous period of receiving Living Expenses Aids, the overlapping days shall be deducted.
The standard of Living Expense Aids shall be given an amount equivalent to the sixty percent of insured salary of the first grade in accordance with the Table of Grades of Insured Salary of Labor Insurance; the maximal days of aids shall be one hundred and eighty days, and each period of aids shall be thirty days and calculated in portion if less than thirty days.

When there is one of the following situations, the application for the Living Expenses Aids shall be rejected:
1. The application is inconsistent with subparagraphs prescribed in Paragraph 1 or 3 to Article 22.
2. The situations prescribed in Paragraph 5 to Article 23 exist.
3. The application documents or proof are counterfeit, forged, false or invalid.
4. The litigation will bring no substantial benefit or its winning prospect is apparently none.
When the causes for rejecting aids application referred to in the preceding paragraph disappear, the worker may file the application again.
If there is one of the following situations after the application for Living Expenses Aids approved, the aids shall be terminated:
1. The applicant is found not to be qualified as deficiency in financial resources.
2. One of the situations prescribed in Paragraph 5 to Article 23 exists.

When the application documents for Living Expenses Aids are incomplete and not corrected within a given period after being notified, the application shall be rejected.

When a case of applying for Living Expenses Aids has been approved, the applicant shall prepare and submit receipts for appropriation within thirty days from the date of receiving the notification of approval.

After the appropriation in accordance with the preceding article, when any of the situations referred to in Subparagraphs 1 to 3 of Paragraph 1 to Article 26 occurs, the aids shall be revoked and the applicant shall return all expenses; if the applicant does not return within the given period, retrieving measures shall be taken in accordance with related statutes.
The worker who has any one of situations prescribed in Subparagraphs 1 to 3 of Paragraph 1 to Article 26 shall not be allowed to apply for the aids referred to in Article 2 within five years from the date of revoking his/her aids.

When a case of applying for Living Expenses Aids is finally ruled by a court that the period of paying wage by the business entity (employer) is overlapping with the period of receiving aids, the worker shall return the total amount of aids within thirty days after receiving the wage.
If the worker fails to return the aids in accordance with the preceding paragraph, the Central Competent Authority shall repeal the original aids approved and order him/her to return the aids within a given period. If the worker does not return within the given period, retrieving measures shall be taken in accordance with related statutes, and he/she shall not be allowed to apply for the aids referred to in Article 2 within five years from the date of repealing the aids.

When a worker, his/her survivors, or his/her guardians filing for arbitration in accordance with Paragraph 3 to Article 6 of the Act may apply to the Central Competent Authority for the aids concerning the agent remuneration for arbitration, the standards are as follows:
1. Forty thousand in maximum for individual application.
2. One hundred thousand in maximum for collective application.

The application for the aids of agent remuneration for arbitration referred to in the preceding article shall be filed with the following documents no later than 30 days after completing the arbitration procedures:
1. Application form.
2. Written agreement for arbitration.
3. Written statement of claims for arbitration.
4. Proof of payment for arbitration;
5. Consent letter from the selected arbitrator.
6. Remuneration receipt from the attorney-at-law.
7. An affidavit of not receiving aids from other government agencies.
When the application documents referred to in the preceding paragraph are incomplete and not corrected within a given period after being notified, the application shall be rejected.
When a case of aids has been approved, the applicant shall prepare receipts and bank account for appropriation within seven days from the date of receiving the official document of approval and apply to the Central Competent Authority for appropriation.

If the application documents or proof are found counterfeit, forged, false or invalid after the appropriation in accordance with Paragraph 3 of the preceding article, the Central Competent Authority may revoke his/her aids and shall order the applicant to return the total amount of aids. If the applicant does not return within a given period, retrieving measures shall be taken in accordance with related statutes.
The applicant who fails to return the expenses in accordance with the preceding paragraph shall not be allowed to apply for the aids referred to in Article 2 within five years from the date of revoking his/her aids.

When workers who lack sufficient financial resources file for adjudication of disputes resulting from unfair labor practices as specified in Subparagraph 1 to 4 of Paragraph 1 of Article 35, they may apply for the aid as established in Subparagraph 6 of Article 2 without undergoing the mediation procedure of the relevant authority.
No aid shall be provided to the applicant if the application of preceding paragraph has been rejected by the Decision of Board on Unfair Labor Practices as stated in Paragraph 1 of Article 41 of the Act for the Settlement of Labor-Management Disputes.

The standards of aid for unfair labor practice adjudication representation fees are as follows:
1. NT$40,000 per case maximum for individual applicants, but the amount may be increased to NT$60,000 if the case is complicated and the increase is considered necessary after review;
2. NT$100,000 per case maximum for joint applicants, but the amount may be increased to NT$200,000 if the case is complicated and the increase is considered necessary after review

Applications for aid for unfair labor practice adjudication representation fees shall be presented within 30 days after the adjudication application is filed and the following documents shall be submitted:
1. The application
2. A photocopy of the Unfair Labor Practice Adjudication Application
3. The financial statement of the worker and related proof documents
4. An affidavit stating that no aid from other government agencies has been received
Applicants failing to submit all the documents specified in the preceding paragraph shall be notified to make corrections within a given period. The application from those failing to make corrections within the given period shall be rejected.

The appointed attorney representing the applicant shall charge the representation fees in accordance with established rates and may not impose extra charges.
When an aid application is approved, the appointed attorney is required to submit within 30 days after receiving approval the letter of appointment, his or her bank account information and receipt of payment to apply to the Central Competent Authority for appropriation.

When finding the application documents or proof documents have been forged, altered, false, or expired after appropriating the aid described in Paragraph 2 of the preceding article, the Central Competent Authority may revoke the aid approved and demand return of the entire aid amount within a given period. Legal action shall be taken if the said amount is not returned within the given period.
Those failing to return the aid amount as stated in the preceding paragraph may not apply for the aid specified in Article 2 for five years starting from the date the revocation is made.

When a case of aids has been approved, the appointed attorney-at-law or the worker shall submit the result of aids such as the photocopy of court ruling, mediation (settlement) record, written settlement between the employer and the worker, or arbitration award to the Central Competent Authority for review within thirty days from the date of closing the litigation procedures related to the aids.
If the appointed attorney-at-law or the worker fails to submit in accordance with the preceding paragraph, the Central Competent Authority may, if necessary, proactively review the foresaid documents.

For applicants who receive the aids of the Regulations based on malice, dubious purpose or other improper means, in addition for the central competent authority to revoke the approved aids and order the applicant to return the total amount of aids within a time limit, if criminal offense is involved, he/she shall also be referred to the court.
The applicant who fails to return the expenses in accordance with the preceding paragraph shall continue to be ordered to return the expenses and shall not be allowed to apply for any aids of the Regulations within five years from the date of revoking his/her aids.

The Central Competent Authority may establish a Reviewing Task Force for the Aids for Legal Service and Living Expenses of Labor-Management Disputes (here-in-after referred to as the Reviewing Task Force) to review the cases of aids referred to in the Regulations.
The Reviewing Task Force prescribed in the preceding paragraph shall have three to five members, the Central Competent Authority shall assign one person on a part-time basis from itself to be a member and also the chairperson, and the rest shall be selected and appointed from experts and scholars with a term of service of two years.
The meeting of Reviewing Task Force shall be convened only when no less than one half of the members attend, and the decision concerning the method and amount of aids shall be made according to the type of case for aids, or object and complexity of litigation.
The members referred to in the preceding paragraph shall attend the meeting in person, and shall be rescusal in accordance with Articles 32 and 33 of the Administrative Procedures Act in reviewing the cases.
The members shall not be paid, but the members from experts and scholars may receive payment for attendance in accordance with related statues and regulations.

Private organizations authorized by the Central Competent Authority to review and approve aid applications shall select their appointed attorneys from the list of attorneys they have provided.

When a worker files a lawsuit concerning the disputes over mass redundancy, his/her aids shall be processed in accordance with the Regulations for Subsidizing the Litigation and Necessary Living Expenses for Workers of Mass Redundancy, and the Regulations shall not apply.

Formats of related documents and forms referred to in the Regulations shall be prescribed by the Central Competent Authority.

The Regulations shall take effect on the day they are promulgated.