History

These regulations are enacted in accordance with Article 14 of the Protective Act for Mass Redundancy of Employees (hereinafter referred to as the "Act").

The worker who is laid off under the circumstances provided in Article 2 of the Act is entitled to apply to the Council of Labor Affairs (hereinafter referred to as the "CLA") for a subsidy for the litigation arising from the following circumstances:
1. Where the employer has failed to pay the worker the salary, severance pay and/or pension in accordance with the law.
2. Where the layoff is in violation of Paragraph 1, Article 13 of the Act or Article 11 of the Labor Standards Law.
The above litigation subsidy includes the court fees and attorney's fees incurred.

The worker who is laid off under the circumstances provided in Article 2 of the Act and is under any of the circumstances set forth in Paragraph 1 of the preceding Article may apply to the CLA for the necessary living expense subsidy if he/she remains unemployed and is not eligible to apply for unemployment subsidy owing to his/her lack of sufficient insurance seniority or the employer's failure to procure employment insurance or pay the insurance premium in accordance with relevant regulations.
The application for the above necessary living expense subsidy must be filed within six (6) months from the date of layoff.
When applying for the subsidy provided for in Paragraph 1 of this Article, the applicant shall submit the job-search registration to the public employment service institution(s). To receive the subsidy continuously, the applicant should submit at least two job applications to the public employment institution(s) per month.
During the period of receiving the unemployment subsidy under the employment insurance scheme, the injury or sickness subsidy under the labor insurance scheme, living allowance for occupation training period, temporary work allowance or any other relevant allowances, the worker shall not apply for the subsidy provided for in Paragraph 1 of this Article.

The dispute of the mass redundancy suffered by the worker who applies for a litigation subsidy under these Regulations shall first be referred to the local authority in charge of administration of labor affairs for coordination or mediation.

No subsidy shall be granted if the subject litigation is obviously devoid of or of no substantial benefits.

The applications for litigation subsidy of the workers under the same mass redundancy plan shall be filed collectively, unless otherwise considered appropriate by the examination board.

An application for litigation subsidy shall be filed within 30 days after conclusion of any of the procedures detailed in Article 8.

The amount of the litigation subsidy to be granted under these Regulations is calculated as follows:
1. For an application filed by an individual worker: The maximum amount for each instance of court is Forty Thousand New Taiwan Dollars (NTD40,000), and the aggregate to be granted for an entire litigation case shall not exceed One Hundred and Twenty Thousand New Taiwan Dollars (NTD120,000).
2. For an application collectively filed by a group of workers: The maximum amount for each instance of court is One Hundred Thousand New Taiwan Dollars (NTD100,000), and the aggregate to be granted for an entire litigation case shall not exceed Three Hundred Thousand New Taiwan Dollars (NTD300,000).
3. For a case under precautionary proceedings: The maximum amount is Thirty Thousand New Taiwan Dollars (NTD30,000) for the entire case.
4. For a case under hortatory proceedings: The maximum amount is Ten Thousand New Taiwan Dollar (NTD10,000) for the entire case.
5. For a case under compulsory execution procedure: The maximum amount is Forty Thousand New Taiwan Dollars (NTD40,000) for the entire case.
When granting the subsidies set forth in the preceding Paragraph, the CLA may reduce the amount of subsidies received by the applicant from the local competent authority in respect of the same case.

The application for litigation subsidy shall be attached with the relevant receipts and evidentiary documents, photocopies of the labor dispute coordination and mediation records, and any of the following supporting documents:
1. In the legal proceedings of the first instance: a photocopy of the plaintiff's complaint or the defendant's defense.
2. In the legal proceedings of the second or the third instance: photocopies of the appeal or the answer, and the court judgment of the first or second instance.
3. In the precautionary procedure: photocopies of the application for provisional attachment or provisional injunction, and the court ruling.
4. In the hortatory procedure: photocopies of the application for a payment order and the issued order.
5. In the compulsory execution procedure: photocopies of the application for compulsory execution and the relevant evidentiary documents.

The amount of the necessary living expense subsidy under these Regulations shall be 60% of the grade-one salary designated for the employment insurance scheme; and the duration of subsidization shall not be more than six (6) months.

In the event that the attached documents submitted along with the application filed pursuant to Article 9 hereof are incomplete, and the applicant has been notified to make a supplemental submission within a specified period but has failed to submit within the period, the application shall be dismissed.

For the examination of the applications filed pursuant to these Regulations, the CLA shall form an examination board consisting of a chairperson appointed by the CLA, and six (6) members of whom four (4) experts/scholars are retained by the CLA and two others are appointed by the CLA from among its staff. The tenure of the four (4) expert/scholar members shall be two years and may be renewed upon expiry thereof.

The quorum of a meeting of the examination board shall be the majority of the members.
Members of the examination board shall attend the meetings in person and shall not attend by proxy. In the event that the chairperson is unable to preside over a meeting of the examination board, he/she may appoint another member to act on his/her behalf at the meeting.
The members of the examination board shall have no remuneration, while the expert/scholar members may receive an attendance allowance.

The format of the written application for litigation subsidy and/or necessary living expense subsidy shall be prescribed by the CLA.

These Regulations shall come into force from May 7, 2003.