Title:

  Chapter Ⅱ Mediation

Article 9
When a party to a labor-management dispute applies for mediation, the application in writing for mediation shall be submitted to the municipal or county (city) competent authority where the party from the labor side concerned provides services.
If the party to a labor-management dispute referred to in the preceding paragraph is an agency (institution) or a school as prescribed in Paragraph 2 to Article 10 of the Collective Agreement Act, the agent attending at the mediation meeting shall submit a written authorization issued by the superior agency of foresaid agency (institution) or school.
The municipal or county (city) competent authority referred to in Paragraph 1 may, if necessary, hands over ex officio the labor-management dispute to mediate and notify the parties concerned.
If there are two or more parties from the labor side involving in the mediation referred to in Paragraph 1 and the preceding paragraph, the competent authorities where each party provides services shall have jurisdiction to process the mediation case.
Article 10
An application for mediation shall be submitted in writing and the following items shall be included:
1. Names, gender, age, occupations and residences or domiciles of the parties; in case that the parties are juristic persons, employer organizations or labor unions, their names, persons in charge, offices or places of business; and names, residences, domiciles or offices of agents, if any.
2. Matters requested to be mediated.
3. The way of choosing mediation in accordance with Paragraph 1 to Article 11 of the Act.
Article 11
After receiving the application for mediation, the municipal or city (county) competent authority shall, upon the request of the applicant, conduct the mediation by one of the following ways:
1. Assign a mediator.
2. Organize a mediation committee of labor-management dispute (here-in-after referred to as mediation committee).
When the municipal or city (county) competent authority hands over ex officio the dispute to mediate, the mediation may be processed by one of the ways prescribed in the preceding paragraph.
The municipal or city (county) competent authority may commission civil organizations to assign a mediator to mediate as referred to in Item 1 of Paragraph 1.
Regulations concerning mediation procedures, qualifications of appointing mediators or members of mediation committee, and qualifications of commissioned civil organizations and other matters of compliance shall be prescribed by the Central Competent Authority.
Except for the expenses of commission, the competent authority may subsidize the civil organizations as referred to in Paragraph 3.
Article 12
When the municipal or city (county) competent authority assigns a mediator to mediate, the mediation shall be processed within three days of receiving the application in writing for mediation.
A mediator shall find the facts and commence the mediation within seven days since the date of his/her assignment.
When a mediator conducts the fact-finding, the municipal or city (county) competent authority shall notify the parties, persons or business entities concerned to provide oral or written statements; if necessary, the mediator may enter into the business entity concerned for interviewing and finding with the approval of the competent authority.
The persons being notified or interviewed as referred to in the preceding paragraph shall not make false statements, provide false information or refuse to explain without justifiable reasons.
The mediator shall propose a mediation proposal within ten days after the commencement of the mediation, and Articles 19, 20, and 22 shall be applicable mutatis mutandis.
Article 13
A mediation committee shall have three or five members organized by the following persons, and the chair of the committee shall be the one designated by the municipal or city (county) competent authority:
1. One or three persons assigned by the municipal or city (county) competent authority.
2. Two persons respectively selected by the parties to the labor-management dispute.
Article 14
When the mediation is processed by a mediation committee, the municipal or city (county) competent authority upon receiving the application in writing for mediation or handing over ex officio the dispute to mediate shall notify the parties to the labor-management dispute; the parties concerned shall select members of the mediation committee within three days since the date of receiving the notification, and submit their names, gender, age, occupations, and residences or domiciles to the competent authority. If no member of the mediation committee is selected within a given period, the municipal or city (county) competent authority shall designate the members on behalf of the parties concerned.
The municipal or city (county) competent authority referred to in the preceding paragraph shall prepare the name list of members of mediation committee for reference.
Article 15
When the mediation is processed by a mediation committee, the municipal or city (county) competent authority shall organize a mediation committee and convene a mediation meeting within fourteen days of after completing the selection or assignment of members of the mediation committee.
Article 16
The mediation committee shall assign member(s) to find the facts, unless there are unusual circumstances the member(s) shall submit the fact-finding result and solution proposal to the committee within ten days after the assignment.
The mediation committee shall hold a meeting within fifteen days of receiving the fact-finding result and solution proposal. If necessary or with the consent of the parties to the dispute, the holding of the meeting can be further extended for seven days.
Article 17
Members of mediation committee shall attend the meeting of mediation committee in person, and shall not attend the meeting by proxy; this provision is also applicable when the member(s) is assigned to find the fact.
When member(s) of the mediation committee conducts the fact-finding or the mediation committee holds a meeting, the municipal or city (county) competent authority shall notify the parties, persons or business entities concerned to provide oral or written statements; If necessary, member(s) of the mediation committee may enter into the business entity concerned for interviewing and finding with the consent of the competent authority.
The persons being notified or interviewed as referred to in the preceding paragraph shall not make false statements, provide false information or refuse to explain without justifiable reasons.
Article 18
The meeting of mediation committee shall be held with the attendance of more than one half of members; the mediation proposal shall be made and approved by more than one half of the attending members.
Article 19
The mediation is successfully concluded when the mediation proposal is approved in accordance with the preceding article and the parties to the labor-management dispute agree to sign the mediation record. However, if the party to a dispute is an agency (institution) or a school as prescribed in Paragraph 2 to Article 10 of the Collective Agreement Act, its agent shall submit a written authorization issued by the superior agency of foresaid agency (institution) or school before signing the mediation record.
Article 20
The mediation is not successfully concluded, when the parties to the labor-management dispute object to the mediation proposal approved by the mediation committee.
Article 21
When there is one of the following situations, the mediation is deemed as unsuccessful:
1. The chair of the mediation committee convenes the meeting, and the number of attending members is less than one half of the members of mediation committee for two consecutive meetings.
2. A mediation proposal cannot be approved.
Article 22
Regardless of whether the mediation is successful or not, the mediation committee shall submit the mediation record to the municipal or county (city) competent authority for delivery to the parties to the labor-management dispute.
Article 23
When the mediation is successfully concluded, it is deemed as a contract between the parties to the labor-management dispute; if one of the parties is a labor union, the mediation is deemed as a collective agreement between the parties.
Article 24
Mediators, members of mediation committee, and persons who participate in the mediation and process the mediation affairs shall keep the mediation matters confidential, except those already known by the public.
Data Source:Ministry of Labor / Law Source Retrieving System Labor Laws And Regulations