Amendment of Act for Settlement of Labor-Management Disputes (Draft) Approved at Executive Yuan Conference
- Last updated:2021-10-18
Amendment of Act for Settlement of Labor-Management Disputes (Draft) Approved at Executive Yuan Conference
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News From：Department of Labor Relations
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Date：2007-09-05
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| The Executive Yuan approved at its conference of September 5, 2007, the amended Act for Settlement of Labor-Management Disputes (draft). Altogether, 56 articles were revised to improve the effect of the Act in settling labor-management disputes, create formulations in a separate chapter for dispute practices, and add a separate chapter for the resolution of inappropriate labor practices. In association with the amendments of the Labor Union Act and the Collective Agreement Act, it has more considerate safeguards for the rights of the laborers in terms of solidarity, negotiation and disputes. The Act for Settlement of Labor-Management Disputes is an important act for establishing a system of diversified settlements of disputes other than by lawsuits. Only a few have been amended in nearly 80 years since it was enacted on June 9, 1928. Its original framework and formulations are no longer adaptable to current situations i.e. the significant changes of the home economy and society; for example, most cases of labor-management disputes involved rights which could only be mediated upon application, or referred to a court for remedy under the Act for Settlement of Labor-Management Disputes. The way to solve the disputes by lawsuit usually takes a lot of time which consequently lays a heavy burden on the economically weaker employees; thus the amendment determines that arbitration will be applicable to the settlement of labor-management on rights under this Act, and specifies that the governing agency shall provide proper aid to the employees who are involved in a lawsuit or an arbitration; the amendment of the Act aims for a convenient and rapid solution to labor disputes. Moreover, the employees are most concerned about the applicability of the dispute practices to the law. The existing Labor Union Act formulates only the procedures for the Labor Union in undertaking a strike, without outlining the principles to conduct dispute practices, or providing freedom from civil and criminal obligations for proper dispute practices. As a result, the employees are easily faulted when conducting dispute practices. Also, there is no system for solving or prohibiting improper labor behavior; this has a significant impact on the development of the labor movement. Consequently, it is urgent and proper to amend the Act for Settlement of Labor-Management Dispute. Under the principles of creditability and autonomy, and based on the assurance of national safety, as well as balancing of social order and public interest, the amendment of the Act was referred to the public, especially to labor groups and labor leaders. Their principal suggestions, in association with the amendment of the Labor Union Act and Collective Agreement Act and with reference to examples of foreign legislation, are as follows: 1. To list the labor-management disputes on rights as the object of arbitration under this Act; in case the labor party resorts to a lawsuit or arbitration, the governing agency shall provide proper aid to it to safeguard its rights (Amendment Article 5). 2. To specify the scope of the labor party in labor-management disputes in association with the amendment of the Labor Union Act and Collective Agreement Act (Amendment Article 6). 3. In order to assure the rights of the employees in terms of solidarity and negotiation, eliminate any improper labor practices as soon as possible and restore the normal relations between labor and management. A supplement is made to specify the resolution system of improper labor practices; in case either labor or management has any improper labor practice in breach of Article 31 of Labor Union Act or Article 6.1 Collective Agreement Act, it shall be arbitrated by the governing agency with restrictions on the practices of both labor and management during the arbitration (Amendment Article 7, 35-43). 4. Procedures and terms for mediation are modified in accordance with t |
- Source:Department of Employment Relations
- Publication Date:2007-09-05
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