The Amendment to the Settlement of Labor Disputes Law had passed its third reading in the Legislative Yuan.
News From：Department of Labor Relations
|The Settlement of Labor Disputes Law had passed its third reading in the Legislative Yuan today (5th). A new milestone has been reached in the legal system of labor relations. The pass of this law will make the labor relations stronger and further protect labor rights.
CLA pointed out that the Settlement of Labor Disputes Law was announced and put into practice in 1928. No huge amendments had been made till now. Many of the articles had been apparently too out of date to go with the current condition of the social economy environment, which was an obstruction to the building of good labor relations. The key points of the major amendments to the Settlement of Labor Disputes Law are:
1. Setting up the mechanism of professional mediators and arbitrators: Building diversified channels to deal with labor disputes, in order to handle labor disputes efficiently.
2. Setting up the mechanism of unfair labor practices, in order to prevent unfair labor practices from the employers, which are illegal and obstructive to the development of the union and related activities, when employers exercise the right to association, right to bargain collectively, and the right to dispute given by the law.
3. Setting up temporary reduction of litigation fee: Temporarily stopping levying 50% of judgment fee by the Code of Civil Procedure from labors. And when requesting preventive proceeding for specific reasons, the amount of demanding security by the court is restricted to no more than the amount of subject of request, or 10% of the value, so that labors’ right to dispute can be protected substantially and the obstructions of the current system can be eliminated.
4. Expressly stipulating in writing to set up Labor Rights Fund: Central level competent authorities should contribute to set up Labor Rights Fund, in order to further protect labor rights.
In addition, the key points of the major amendments related to unequivocally setting up the reasonable standards and the protection for exercising the right to dispute are:
1. Simplifying strike procedure: No need to convene member conference for resolution when applying for a strike. It only requires approval by an anonymous or straight majority vote from members.
2. Prohibition against strike and dispute resolution: The trades and personnel with influences on national security and people’s right to education are prohibited from strikes. And the labor disputes of the adjusting events can be submitted to authorities for arbitration, in order to resolve disputes promptly.
3. Restriction on strike and dispute resolution: The exercise of the right to dispute for the trades with influences on life safety of the public, national security, or public interests, and with uniqueness or irreplaceability, are restricted. And the labor disputes of adjusting events can be submitted to authorities for arbitration when they are not included in necessary terms of service.
4. The trades with the imperative to maintain backbone services: The union can exercise the right to dispute under the premise that the emergency telephone services (including 110, 112,119, and 165) remain available.
5. Restriction on strike during major hazards clause: When a major hazard takes place (or when there is a chance it may take place), strikes can be prohibited or restricted during hazard mitigation.
6. Regulation of immunity of dispute: Expressly stipulating in writing that civil and criminal immunities can be granted when disputes are legitimate.
As for disputes in general trades, if mediations can not result in settlement and authorities believe they may seriously effect public life and interests, or if competent authorities in charge of enterprises request, they can be submitted for arbitration, so that both labor rights and public interests can be looked after.
In the draft of the Settlement of Labor Disputes Law, the range of changes in mechanisms, such as mediation, arbitration, and judgmen
- News From：Department of Employment Relations
- Publish Date：2009-07-02
- Hit Rate：67552