History

The Rules are enacted according to the provisions of Article 83 of the Labor Standards Law.

A business entity shall convene labor-management conference in accordance with the provisions of these Rules. If a branch organization of such entity exceeds 30 employees, a separate conference may be convened for the branch.

The labor-management conference shall have an equal number of representatives from the workers and the employer. There shall be a number of 2 to 15 representatives from each side according to the size of the employment base of the business entity. However, if business entity has an employment base of 100 or more, the number of representatives from each side shall be no less than 5.

Management representatives of the labor-management conference shall be chosen by an employer from those who are well-versed in the business & labor affairs of the business entity.

Labor representatives of the labor-management conference shall be elected by union members or union assembly if there is a labor union in the business entity. In case there is no labor union, they shall be elected directly by all workers. If the business entity has a great number of workers scattered over a wide area, the number of representatives for each department may be decided and elected in such departments respectively.

Members of the general council as well as members of the supervisory council of a labor union in the business entity may be elected as the workers' representatives at the labor-management conference, provided that the number of such representatives shall not exceed two thirds of the total number of the workers' representatives.
Where the number of female workers accounts for more than one half of the total number of workers in the business entity, the number of representatives elected from the female workers shall be no less than one third of the total number of workers' representatives at the labor-management conference.
The number of substitute-representatives shall not exceed one half of the total number of workers' representatives at the labor-management conference.

A worker who has attained 16 years of age, shall have the right to elect workers' representatives to the labor-management conference.

A worker who has attained the age of 20 and has continuously worked in the same business entity for one year or more may be elected as workers' representative at the labor-management conference except in cases where such business entity has established for less than one year. The highest-ranking executive officers who are authorized to conduct management on behalf of the employer cannot act as the workers' representatives.

The election of workers' representative shall be conducted by the labor union, if any, in the business entity. In cases where no labor union is yet organized, the business entity shall publish a notice to request the workers to elect their own representatives. Expenses incurred by such election shall be borne by the business entity.
The voting date for the election provided in the preceding paragraph shall be announced ten days in advance and notified to the local competent authority for reference purposes. Where necessary, the competent authority may assign personnel to provide assistance.

The term of office of each representative at the labor-management conference shall be three years. The workers' representatives may be re-elected and the management representatives may also be re-appointed.
The management representatives may be substituted in cases of changes of their functions/duties in office or vacancy. The workers' representatives shall be substituted by the substitute-representatives according to the order of priority if vacancy occurs or any of the representatives is unable to perform his/her functions for whatever reason. In case of a shortfall in the number of the substitute-representatives to fill the vacancy, a supplemental election may be conducted.

After representatives of labor-management conference have been elected or appointed, a report shall be made to local competent authority for registration. The same applies if a vacancy is filled in by an appointment or by s substitute-representative.

Representatives of labor-management conference shall do their utmost to exercise the spirit of harmony and cooperation during the conference. Management representatives shall be responsible to the employer, and workers' representatives elected by a labor union shall be responsible to the labor union for their respective opinions expressed in the conference.

The functions of labor-management conference shall be the following:
1. Reports:
(1) on the execution of the decisions made in the last conference;
(2) on labor turnover;
(3) on production plans and business conditions;
(4) on other matters.
2. Discussion:
(1) on matters relating to the harmonization of labor relations and labor-management cooperation.
(2) on matters relating to labor conditions;
(3) on the planning of labor welfare;
(4) on the increase of labor productivity.
3. Suggestions.

During the labor-management conference, persons well-versed in the matter under discussion or appointed by the business entity may attend the meeting as observer to answer questions posed to them.

The labor-management conference may se committees to deal with some items of the agenda or important problems.

The chairman of a labor-management conference may be a representative of the conference appointed by rotation. In case of necessity, one representative from each side may be appointed to act as co-chairmen.

When the labor-management conference is convened, the business entity may appoint some one to take charge of conference affairs.
Article 18 the labor-management conference is held on principle once every month. In case of necessity, an ac hoc meeting may be convened.

The meeting of the labor-management conference shall be convened at least once every three months. Where necessary, an ad hoc meeting may be convened.

A meeting of the labor-management conference must be attended by the majority of the representatives from the workers' side as well as the management's side. The decision of such meeting must be made with the approval from more than three fourths of the representatives present at the meeting.

The convocation notice of the labor-management conference shall be sent by presiding representative at least seven days representative at least 3 days before the meeting.

The minutes of the labor-management conference shall record the following matters:
1. The number of the meeting;
2. The time of the meeting;
3. The place of the meeting;
4. The names of participating representatives;
5. The names of the observers;
6. The names of the representatives absent or on leave;
7. The name of presiding chairman;
8. The name of the person who takes minutes;
9. Reports to the conference;
10. Proposals discussed and decisions taken;
11. Recommendations.

The decisions taken at the labor-management conference shall be forwarded by the business entity to the labor union or to the department concerned for implementation, and shall be reported in writing to the local competent authority for reference. In case the decisions taken are unimplementable, they may be referred back to the next meeting for further consideration.

The expenses incurred by the labor-management conference shall be borne by the business entity.

Where there is a lack of provisions in the present Rules, (pertinent stipulations of) the Convocation Rules shall apply.

The Rules shall take effect on the day of promulgation.