Legislative Yuan passes the drafted bill of Collective Agreement Law
- Last updated:2021-10-18
Legislative Yuan passes the drafted bill of Collective Agreement Law
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News From：Department of Labor Relations
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Date：2007-12-14
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| The Legislative Yuan passed a drafted bill of Collective Agreement Law on 12/14/2007, adding honest-negotiation regulations and coordinating measures. In the future, neither the party of the laborers, or employers, can refuse the request of collective agreement from the other party without just cause; otherwise, where those decreed by the Settlement of Labor Disputes Law are unfair labor acts, the administrative agency can employ a continuous fine to urge substantial negotiation processes between both parties. Collective Agreement Law is a vital law to secure the negotiation rights of laborers. However, the law has remained unrevised since its implementation in 1932. With decades of alterations in society and economy, some regulations differ from current labor regulations and in addition, lack related standards of the collective negotiation process. As a result, substantial negotiation would be suspended if one party lacked the will to negotiate or sign the collective agreement. The modification to the Collective Agreement Law is in accordance with the revisions of Labor Union Laws and the Settlement of Labor Disputes Laws. With opinions from diverse domains and references from foreign statutes, Chapters for Negotiation and Signing of Collective Agreement have been added; in addition, in compliance with multiple organization developments of unions in the future, the standards of qualified unions were also added. The main revised foci are: 1. In compliance with the revisions of Labor Union Laws, the labor party of the collective agreement shall be the union in accordance with Labor Union Laws. (Article 2 revised) 2. Both parties are obligated to engage in negotiation of the collective agreement and cannot refuse the request of the other party without just cause; refusal without just cause will be fined according to the Settlement of Labor Disputes Laws. Where those involved fail to act in accordance with the judgment, a fine will be added and accordance will be demanded within a set period. Where correction fails to be attained, a continuous fine will be levied. (Articles 6, 32 revised) 3. Processes of producing a representative for negotiation and collective agreement signing (Articles 8, 9 revised) 4. The labor party of the collective agreement shall submit the collective agreement to the competent authority for confirmation. The approval of the competent authority shall be attained prior to signing the collective agreement for governmental institutions (agencies), public schools, and public business or enterprises. Where the party of a collective agreement relates to manual workers (including technicians, drivers, etc), an approval form from the Central Personnel Administration, Executive Yuan is required. (Article 10 revised) 5. Both parties shall allow their collective agreement to be available to the public and prepare a copy for the other party of the collective agreement to check. (Article 11 revised) 6. Compliable / Applicable matters of collective agreements (Article 12 revised) 7. Collective agreements can confine employers and inhibit any adjustments of agreed upon matters from the collective agreement to the laborers unaffiliated to the labor party without just cause. (Article 13 revised) 8. If the number of one party or both parties of collective agreement pertains to plurality, none of them shall be confined by the other collective agreement. (Article 16 revised) 9. The violation of non-labor-condition agreements for the parties of a collective agreement is applicable to civil law, except for other additional regulations. (Article 20 revised) 10. The concerned party of collective agreement can bring a case against the other party on the behalf of the party, of which they are a member. Regarding lawsuits of collective agreements, the party involved may attend court if the member is the defendant. (Article 25 revised) |
- Source:Department of Employment Relations
- Publication Date:2007-12-14
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