Article 1
The Rules are prescribed pursuant to Article 5 of the Employees' Welfare Funds Act (hereinafter referred to as the Act).
Article 2
Employees' welfare committees shall prescribe their charters pursuant to the Rules and contain the following items:
1. Names.
2. Addresses.
3. Stipulations concerning internal organizations and business operations.
4. Terms of committee members.
5. Regulations and norms of meetings.
6. Safekeeping, custody and usage of the welfare funds.
7. Stipulations concerning welfare facilities.
Article 3
Employees' welfare committees of factories, mines, or other enterprise organizations (hereinafter referred to as business entities) shall have seven to twenty-one members. However, if the number of staff members and workers in the said business entities is over one thousand persons, the number of these members can be increased to thirty-one.
Business entities shall designate one person as ex officio member of these committees referred to in the preceding Paragraph, and the remainder shall be elected from representative of staff members who are not allowed to join labor unions in accordance with related law and members of the labor unions pursuant to the measures of election prescribed by business entities and labor unions. However, committee members elected from members of labor unions shall not be less than two-thirds of total membership of the committees.
When electing committee members referred to in the preceding Paragraph, substitute members may be elected concurrently and the number of these members may not exceed one-third of total membership of the committees.
Article 4
When business entities do not have labor unions, their employees' welfare committees shall have one business executive as an ex officio member, and the remainder shall be elected jointly by staff members and workers themselves.
The number of committee members referred to in the preceding Paragraph shall be determined by the stipulations of the preceding Article.
Article 5
For the convenience of processing and handling welfare businesses, two or more business entities may jointly organize employees' welfare committees. The members of these committees shall be elected by the participating units in accordance with the stipulations of the preceding two Articles.
Article 6
Employees' welfare committees shall have one presiding member to generally handle committee affairs. They may also have one deputy presiding member. Both of them shall be elected among members of the committee themselves.
Members of the committees are without pay. Their terms are one to three years. The duration of their terms shall be calculated on the day they assume their membership and the date to assume their duties shall not be later ten days after the expiration of the terms of the former members of the committees.
For members of the committees who have assumed their membership consecutively, their number shall not exceed two-third of the total membership. However, if committee members are from business executives, the limitations on their terms shall not apply.
Article 7
When the presiding members, deputy presiding members, or members of the welfare committees resign, they shall submit their resignation to the employees' welfare committees.
For those members who have failed to attend the employees' welfare committees consecutively for three times without just causes, they shall be deemed as resigned.
When the presiding members cannot assume their duties, they shall be substituted by the deputy presiding members, if there are no deputy presiding members, members of the committees shall elect one member as substitution.
For those members of the employees' welfare committees who have not assume their duties for one year, they cannot be recalled.
When the number of the employees' welfare committees has not reached one-half, the original units that producing these committees shall elect new members.
Article 8
Employees' welfare committees shall hold members' reelection matters thirty days before the expiration of the terms of their members. If they do not hold these reelections fifteen days before the expiration of the terms, the competent authorities may notice them to hold these reelections within fifteen days. If after these days and the reelections are not held, the competent authorities may appoint persons to process the reelection matters.
Article 9
Employees' welfare committees shall hold members' meetings every three month and temporary meetings may be held if necessary. Members' meetings shall be summoned and presided over by the presiding members. When one-third of the whole members of the committees have jointly signed and requested to hold temporary meetings, the presiding members shall hold them within seven days. When the presiding members refuse to hold regular or temporary meeting without just causes, after one-third of the whole members of the committees have jointly signed, they may submit their requests to the competent authorities to appoint one member to summon and preside over these meetings.
Article 10
Employees' welfare committees shall submit the following items to the competent authorities for reference and examination:
1. Charters.
2. Members and namelists of important staff members.
3. Addresses of the committees.
4. Dates of establishment.
If there are changes in Items 1 to 3 in the preceding Paragraph, they shall be submitted to the competent authorities immediately for reference and examination.
Article 11
The tasks of the employees' welfare committees are as follows:
1. Matters concerning the examination, promotion and supervision of employee welfare businesses.
2. Matters concerning the planning, safekeeping and usage of the employees' welfare funds.
3. Matters concerning the distribution, auditing and reporting of incomes and outlays of the expenses of the employees' welfare businesses.
4. Other matters concerning employees' welfare.
Article 12
Employees' welfare committees shall prepare practicing plans and budgets for the next year within the months before the end of the current year, and after approved by the committee meetings with resolutions, they shall be submitted to the competent authorities for reference and examination. The committees shall also submit the practicing results and the final accounts to the competent authorities for reference and examination within three months before the end of the current year; and notice the business entities concerned.
Article 13
Employees' welfare committees may set up employees' welfare cooperatives.
Article 14
Before setting up employees' welfare cooperatives, the employees' welfare committees shall submit related materials to the local competent authorities, apply for registration and receive their supervision.
Article 15
Employees' welfare cooperative may process and handle the following businesses according to their needs and finical conditions:
1. Restaurants.
2. Domitories or living lodges.
3. Barbar shops.
4. Day-car centers or kindergarten.
5. Laundary rooms.
6. Libraries.
7. Recreation rooms.
8. Supplies of daily consumption items.
9. Other matters.
The businesses referred to in the preceding Paragraph shall benefit exclusively those staff members, workers and their dependents affiliated with the business units. Their expenses shall be self-sufficient in principle, for those inadequate parts, they shall be allocated and compensated by the employees' welfare funds.
Article 16
Employees' welfare committees shall have one director-general to assist the presiding members to process and handle daily committees' businesses. The committees shall have several clerks and assistant clerks to process and handle committees' businesses under the command and supervision of the director-generals, and may be divided into several subgroups to process and handle businesses.
Employees' welfare cooperatives shall have one director to generally process and handle cooperatives' businesses. The cooperatives shall have several clerks and assistant clerks to process and handle cooperatives' businesses under the order of the directors.
Personnel referred to in the preceding two Paragraphs shall be recruited from staff members and workers and served on a part-time basis after consultations between the presiding members of the employees' welfare committees and the business entities concerned. However, for those business entities employing over five hundred employees on regular basis, they may have one to three such personnel on full-time basis and recruited from their staff members and workers.
Article 17
Labor unions organized by those workers without definite employers may set up welfare committees. The members of these committees shall be elected among the directors or supervisors of the respective labor unions. The stipulations of the Rules shall apply, mutatis mutandis, to the election of these members.
Article 18
Those employees welfare committees established before the amendment of the Rules shall be processed and handled in accordance with the amended related stipulations of the Rules before June 30, 2001.
Article 19
The Rules shall become effective on the day of promulgation.