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Unfair labor practice

  • Last updated:2021-10-18

‧Regulations on unfair labor practice

 Unfair labor practices in Taiwan can be divided into three types, including "unfair treatment," "domination" and "bad faith bargaining."

  1. Unfair treatment
    The following practices by an employer or person who represents the employer in handling labor matters are categorized as the unfair labor practice of "unfair treatment":
    (1) Refuse to hire, dismiss, demote, reduce the salary of, or other unfair treatment against a laborer for organizing a labor union, joining a labor union, participating in labor union activities, or holding a position in a labor union.
    (2) Refuse to hire, dismiss, demote, reduce the salary of, or other unfair treatment against a laborer for requesting collective bargaining or participating in collective bargaining affairs.
    (3) Dismiss, demote, reduce the salary of, or other discrimination against a laborer for participating in or supporting matters of dispute.
    (4) Acts of unfair treatment include intent to prevent laborers from participating in labor union activities, reducing the influence of labor unions, or affecting the development of labor unions, and directly or indirectly discriminating against laborers. Furthermore, employers threatening to file or filing an inappropriate civil lawsuit against laborers who participate in or support the resolution of labor unions is also a form of discrimination.

  2. Domination
    The following practices by an employer or person who represents the employer in handling labor matters are categorized as the unfair labor practice of "domination": 
    (1) Using not joining a labor union or holding a position in a labor union as the condition for employment. "Not joining a labor union" includes requiring laborers to withdraw from a labor union they already joined.
    (2) Improperly influence, impede or restrict the establishment, organization, or activities of labor unions.

  3. Bad faith bargaining
    The unfair labor practice of "bad faith bargaining" is when the labor union or the management does not follow the principles below during collective bargaining:
    (1) The Labor union and the management should engage in collective bargaining based on the principles of good faith.
    (2) Neither party may reject a request for collective bargaining from the other party without justifiable reasons.
    (3) The so called "without justifiable reasons" includes:
    A. Refusing to engage in bargaining after the other party proposes reasonable and suitable contents, time, venue, and method for bargaining.
    B. Not giving a response to a written notification of bargaining within sixty days and engaging in bargaining.
    C. Refusing to provide necessary information and materials for bargaining.

‧ Introduction to the arbitration mechanism

 Taiwan amended a put three labor laws (including the Labor Union Act, Collective Agreement Act, and Act for Settlement of Labor-Management Disputes) into effect on May 1st, 2011 to rapidly eliminate unfair labor practice and return labor-management relations to normal. The laws established an arbitration mechanism for unfair labor practices, and the MOL organized the "Tribunal for Unfair Labor Practices," recruiting 15 experts and scholars to serve as committee members. The committee reviews cases on unfair labor practices to protect laborers' right to organize labor unions or participate in labor union activities, right to collective bargaining with their employer, and right to apply for arbitration of unfair labor practices.

‧ Statistics of arbitration cases

Form

  • Source:Department of Employment Relations
  • Publication Date:2015-04-20
  • Count Views:164441
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