Chapter V Aids for Agency Service of Arbitration of the Arbitration Act
Article 32
Where any of the following circumstances applies, a worker, the worker’s survivors, or the legal representative may apply to the central competent authority for aid for arbitration representation fees:
1. Where arbitration is initiated pursuant to Paragraph 3 of Article 6 of this Act.
2. Where a dispute arising from a worker suffering serious injury or death due to an occupational accident is submitted for arbitration pursuant to Paragraph 1 or Paragraph 3 of Article 25 of this Act.
The standards for aid for arbitration agency service fees are as follows:
1. For individual applicants, the maximum aid is NT$40,000.
2. For collective applicants, the maximum aid is NT$100,000.
An application for aid under Paragraph 1 shall not be granted where any of the following circumstances applies:
1. The requirements set forth in Paragraph 1 are not satisfied.
2. The same item of aids of the same nature for the same case has been provided by other government agencies or private organizations entrusted by government agencies.
3. The application documents or supporting documents are counterfeit, forged, false, or invalid.
4. Pursuant to Article 3 of the Regulations for Arbitration on Labor-Management Disputes, the competent authority has decided not to accept the case.
Article 33
An application for aid for arbitration agency service fees under Paragraph 1 of the preceding article shall be filed no later than 30 days after the conclusion of the arbitration proceedings, and shall be accompanied by the following documents:
1. The application
2. Written agreement for arbitration.
3. The petition for arbitration or arbitration application.
4. Consent letter from the selected arbitrator.
5. The power of attorney appointing the lawyer and the receipt for the attorney’s fees.
6. An affidavit stating that no aid from other government agencies has been received.
7. Other documents as specified by the central competent authority.
Where aid is applied for pursuant to Subparagraph 1 of Paragraph 1 of the preceding article, proof of payment of the arbitration fees shall also be submitted.
Where aid is applied for pursuant to Subparagraph 2 of Paragraph 1 of the preceding article, the Preliminary Analysis Form for Occupational Accident Inspection or the Major Occupational Accident Inspection Report shall also be submitted.
Where any of the documents required to be submitted under Paragraphs 1 through 3 are missing, the applicant shall be notified to make corrections within a prescribed time limit. If the deficiency is not corrected within the prescribed time limit, the application shall not be accepted.
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.
Article 34
After disbursement has been made pursuant to Paragraph 5 of the preceding article, where it is verified that the application documents or supporting documents are forged, altered, false, inaccurate, or invalid, the central competent authority may revoke the approved aid and order the applicant to return the full amount of aid already granted within a prescribed time limit. If the amount is not returned within the prescribed time limit, it shall be recovered in accordance with the law.
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.