Enforcement Rules of Labor Union Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=N0020002

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Chapter Ⅰ General Provision

Article 1

The Rules are prescribed in accordance with Article 48 of Labor Union Act (here-in-after referred to as the Act).

Chapter Ⅱ Organizations

Article 2

Factories and sites referred to in Subparagraph 1, Paragraph 1 to Article 6 of the Act are those workplaces with independent personnel, budget and accounting systems, and are entitled to apply for factory, business or commerce registration according to related statutes.
The independent personnel, budget and accounting systems  referred to the preceding paragraph shall meet the following requirements:
1. The right to hire and dismiss workers of the workplace.
2. Planning and executing its own budget.
3. Establishing its own accounting unit and account to calculate its gains, losses and deficits.
Business entities referred to in Subparagraph 1, Paragraph 1 to Article 6 of the Act are those institutes, legal persons or groups which are employing workers to do the work.

Article 3

According to their organizational coverage, confederated labor union organizations are divided into national confederated labor union organizations and regional confederated labor union organizations.
The “region” of the “regional confederated labor union organizations” referred to the preceding paragraph is the administrative area of municipality or county (city).
The site of a regional confedearated labor union organiation shall be set up in the scope of the organizational coverage, and it shall register in and apply for certificate of registration from the municipal, county (city) governments where its site is located.
The following labor organizations, which were established before the implementation of the Act on May 1, 2011, shall be under the jurisdiction of the Central Competent Authority :
1.Conferderated labor union organizations under the jurisdiction of the former Taiwan Provincial Government.
2. Those labor unions that are formerly designated by the Central Competent Authority according to the related statutes as in communications, transportations, public utilities which are spanning various administrative districts.

Article 4

The term “types and numbers of labor unions” referred to in Paragraph 2 to Article 8 of the Act denotes to those within the scope of the nation, the mount of those labor unions they are of the identical type of the established national confederated labor union organizations.
If national confederated labor union organizations organized in accordance with Paragraph 3 to Article 8 of the Act cannot reach one / third of the identical types and numbers, or their administrative districts encompassed cannot reach one and half of total number of municipal, county (city) governments, the Central Competent Authority shall not allow them to register.

Article 5

The term “identical types of professional unions” referred to in Paragraph 2 to Article 9 of the Act denotes to the professional unions whose members’ professional expertise and contents of their work cannot be separated from those of other professional unions.

Article 6

The name of a labor union shall be registered in Chinese. Its characters shall be limited to the Chinese dictionary complied by the Ministry of Education, or Tzi-Yuan, Tzi-Hai, Kan-Shi or other popularly used Chinese dictionaries.
The name of a corporate union shall identify clearly the name of its factory and site, business entity, affiliated enterprise or financial holding company.
The name of industrial union, professional union and confederated labor union shall identify clearly the organizational region and type, unless otherwise specified in the Act.

Article 7

The term “recruiting members openly” referred to in Paragraph 1 to Article 11 of the Act denotes to utilizing such methods as public announcements, the Internet, newspapers, or other identifiable methods to recruit those persons who are eligibile to join the labor union.

Article 8

Name lists of members, directors and supervisors referred to in Paragraph 2 to Article 11 of the Act shall record names, methods of contact and residence of the chairperson of the board of directors.
The site of a corporate union shall be set up within the administrative area where the factory, business entity, affiliated company, or financial holding company or its subsidiary is located.
The site of an industrial union or a professional union shall be set up within the area organized by the union concerned.
Conferderated labor unions shall record the names, addresses and methods of contact of their affiliated labor unions in the name list of members.
When a labor union receives the  registration certificate, it shall submit the imprints of it official seal in triplet to the compete authority for record.

Article 9

The competent authority shall refuse to register a labor union when one of the following matters occur:
1.the number of signatures of the founding members in application is less than thirty,
2.failure to form a preparatory committee,
3.failure to openly recruit members,
4.failure to draft the union charter,
5.failure to convene a general inaugural meeting, and
6.failure to register in accordance with the Act within thirty days after the date when a general inaugural meeting is convened.
Subparagraph 1 of the preceding paragraph shall not apply to the procedures of organizing confederated labor union organizations.

Article 9-1

When the preparatory committee of a labor union proceeding to register shall submit the name list of its founding members and documents referred to Paragraph 2 to Article 11 of the Act.
The name list of its founding members referred to the preceding paragraph shall record their names, methods of contact, job or information and materials to prove the worker status, and signatures.
When the preparatory committee of a confederated labor union organization proceeding to register shall submit the name list of its founding labor unions and the minute of resolution for organizing a confederation.
When the preparatory committee of a labor union has any deficiency during registration that can be remediable, the competent authority shall order it to remedy within a specific period. If it cannot remedy within the specific period, the competent authority shall refuse its registration. 
When further investigation of facts and evidences is deemed necessary after receiving the registration application from the preparatory committee of a labor union, the competent authority may notify persons concerned to present their statement, and may also request the applicant or a third party to provide documents, information or materials needed.

Article 10

When accepting the registration application from the preparatory committee of a labor union, the competent authority shall number all the applications for registration according the order of their receipt. It shall record the receiving time by minute.
When two or more labor union preparatory committees are set up in the same enterprise or for the same profession and apply for registration certificates according to Paragraph 1 and Paragraph 2 of Article 11 of the Act, the competent authority shall accept the applications and issue the registration certificates in accordance with the filing sequence of the applications. When such applications are filed at the same time and the registration requirements are also met, the order of issuance shall be determined by lot drawing to be carried out by representatives from the labor union preparatory committees applying for registration certificates.
When different competent authorities accept the same applications filed as described in the preceding paragraph and the corresponding registration requirements are met, the competent authority receiving the applications first shall process the registration applications. If the sequence cannot be determined, the central competent authority shall appoint one of such competent authorities to conduct the lot drawing.
The competent authority appointed as stated in the preceding paragraph shall inform the labor union preparatory committees filing the applications as well as other competent authorities receiving the same applications of the time and location of the lot drawing and the lot drawing shall be carried out by representatives from the said preparatory committees.

Article 11

The subparagraphs that shall be recorded in a union charter concerning the initiation, withdrawal, suspension, expulsion, designation and discharge which are referred to in Subparagraphs 7, 9 and 11 of Article 12 of the Act, shall include their qualifications, conditions and procedures for handling.
The designation and discharge referred to in the preceding paragraph shall be decided by secret ballots unless otherwise stipulated in the union charter of a confederation.

Article 12

Manager who exercises managerial authorities on behalf of the employer as prescribed in Article 14 of the Act shall not become a founding member of a corporate union.

Article 13

Chapter 2 of the Act and Chapter 2 of the Rules shall apply, mutatis mutandis, to the organizational procedures of confederation of labor unions

Chapter Ⅲ Members

Article 14

The number of members’ representatives of a labor union elected in accordance with Paragraph 1 to Article 15 of the Act, shall be at least three times of the number of directors of the board to be elected.
The number of members’ representatives of confederation of labor unions shall be at least two times of the number of directors of the board to be elected.

Chapter Ⅳ Directors and Supervisors

Article 15

Once the chairperson and vice chairperson of a labor union are directly elected by its members or member representatives in accordance with the charter of the union, they shall automatically become members of the board of directors of the labor union.
The number of members of the board of directors referred to in the preceding paragraph shall be included in the number of members of the board of directors prescribed in the union charter.
The “members are more than five hundred, it can have two more directors for every additional five hundred of members” referred to Subparagraph 1 of Paragraph 1 to Article 17 of the Act indicates that when the members are more than five hundred, it can have two more directors; when the members are more than one thousand, it can have four more directors, and so on.

Article 16

The directors and supervisors of a labor union shall be re-elected before the expiration of their current term of office.
The term of office for directors or supervisors begins on the date of the first directors’ or supervisors’ meeting. The first directors’ or supervisors’ meeting shall be held within ten days of the expiration of the term of office for former directors or supervisors.

Article 17

Labor union shall notify those persons who are elected as directors or supervisors within ten days of the elections.
If the elected directors or supervisors decide to relinquish their posts, they shall notify the labor union in writing before the convention of the first directors’ or supervisors’ meetings. Their vacancies shall be filled in order by the alternate directors or supervisors.

Article 18

When a director or a supervisor of the labor union is disqualified by the final ruling of a court, or is discharged by a labor union in accordance with its charter, his (or her) action undertaken shall remain valid before the effective date of such a disqualification ruling or discharge.
When the labor contract of a director, supervisor, member representative or member of the labor union is terminated by the employer, his or her qualification shall be retained if the charter of labor union has one of the following situations:
1. Application filed with the competent authority for mediation, arbitration or decision on unfair labor practices is in progress.
2. Application for a provisional injunction to maintain a temporary status quo has been filed with and approved by the court.
3. Lawsuit for ascertaining employment relationship or requesting payment of wages agreed upon in the labor contract have been filed with the court, and the court is not yet decided.
If provisions referred to the preceding paragraph are not stipulated in the charter of labor union, the qualification of the person referred to the preceding paragraph shall be retained if a resolution is made by the general meeting of members or member representatives in case that any one of the situations referred to the preceding paragraph occurs.

Article 19

When an alternate director or supervisor fills in a vacant position, his (or her) term of service shall be limited to serve out the remainder of the original term of service.
In case that a labor union has filled in the vacancies of directors and supervisors in accordance with the preceding paragraph, but still cannot make the quorum as stipulated in the union charter to convene a directors’ or supervisors’ meeting, it shall hold an additional election to fill in the vacancy. The newly elected directors or supervisors are to serve out the remainder of the original terms of service of former directors or supervisors.

Article 20

When a labor union is to hold an election to fill in the vacant position of its chairperson of the board of directors, chairperson of the board of supervisors, or his (or her) substitute, it shall be held in accordance with the union charter.
In case that the union charter is silent on the fill-in election referred to in the preceding paragraph, and the remaining term of service of the chairperson of the board of directors or supervisors is more than a quarter of the full term of service as stipulated in the union charter, the fill-in election shall be held within ninety days of the date when the position becomes vacant. The person so elected shall serve out the remaining of the original term of service of the chairperson of the board of directors or supervisors. If the remaining term of service is less than a quarter of the full term of service as stipulated in the union charter, the substitute for the vacant position of the chairperson shall be elected among directors or supervisors themselves. When the union charter is silent on the election of such a substitute, a fill-in election shall be held within ninety days of the date when the position becomes vacant.

Article 21

Industrial groups or commercial groups referred to in Paragraph 2 to Article 19 of the Act denote to groups that are established in accordance with the Industrial Groups Act and the Commercial Groups Act.

Chapter Ⅴ Meetings

Article 22

Meetings of a board of directors and a board of supervisors of a labor union shall be held separately.

Article 23

The related stipulations in the Civil Procedure Act shall be applied, mutatis mutandis, to the delivery of the notices of meetings prescribed in the Act.

Article 24

In case that a supervisor tables a request for holding an extraordinary meeting in accordance with Paragraph 3 to Article 23 of the Act, it shall be resoluted by a board of supervisors’ meeting if a labor union has such a board.

Chapter Ⅵ Finance

Article 25

The “consent of its members” referred to Paragraph 3 to Article 28 of the Act indicates one of the following situations:
1. Consent of individual member.
2. Resolution of the general meeting of members or member representatives.
3. Provision in the labor union charter.
4. Clause in the collective agreement.
5. Agreement or customary practice to check-off dues between the labor union and the employer.
If any one of the situations referred to subparagraphs of the preceding paragraph had existed between the labor union and the employer before the Act becoming effective on May 1, 2011, no consent shall be acquired again.
With the consent of individual members, and a contract or a collective agreement between an industrial labor union or a professional labor union and the employer contains a due check-off clause, the employer shall deduct due from an employee’s wages and transfer it to the labor union.

Article 26

The payment of the regular dues may be deducted and transferred in lump sum by an employer to the labor union according to total amount of the agreed-upon members’ monthly wages. Members disagreed with due check-off shall declare their own monthly wages and pay their dues themselves to the labor union.
A labor union may set up its own initiation fees or regular dues classification table in its own union charter in accordance with Article 28 of the Act.

Article 27

The term “transfer” as referred to in Paragraph 3 to Article 28 of the Act and Paragraph 1 to Article 26 of the Rules denotes to deliver the payment directly to the labor union or wire it to an account set up by a labor union in its own name.

Article 28

When union members or member representatives request to audit the financial situations of the labor union, they shall file in writing.
When proceeding to audit the financial situations of the labor union in accordance with the preceding paragraph they shall be accompanied by a supervisor. If the labor union has a board of supervisors, the supervisor shall be designated by the board in accordance with Paragraph 3 to Article 18 of the Act.

Chapter Ⅶ Supervision

Article 29

When members or members’ representatives raise objections to the convening procedures or methods of resolutions of the general members or members’ representatives meeting in accordance with Paragraph 1 to Article 33 of the Act, the labor union shall record the names of the members who objected, the names of the labor unions they represent, and the content of their objections in the meeting minutes.

Chapter Ⅷ Protections

Article 30

The term “other unfair treatments” referred to in Subparagraphs 1 and 3, Paragraph 1 to Article 35 of the Act denotes to any direct or indirect unfair treatments toward an employee, including any intention that tries to impede an employee to participate in labor union activities, to reduce the strength of a labor union, or to unduly influence the development of a labor union.
The term “other unfair treatments” referred to in Subparagraph 4, Paragraph 1 to Article 35 of the Act, denotes to the situations that, in addition to those referred to in the preceding paragraph, shall include such unfair treatments as an employer who threatens to file or actually files an inappropriate damages proceedings in a civil court case toward an employee when he (or she) takes part in or supports an activity which is resoluted by a labor union.

Article 31

The term “not to join a labor union” referred to Subparagraph 2, Paragraph 1 to Article 35 of the Act, shall include demanding an employee to withdraw from a labor union that he (or she) has already joined.

Article 32

The term “labor union businesses” shall include the following activities:
1.Handling such business affairs of the labor union as convening meetings, conducting election or providing members with education and training, processing labor-management disputes for members, or engaging in other daily business affairs,
2. Engaging in or participating in labor-related or labor union business-related activities or meetings as designated or held by the competent authorities or the competent business-related authorities,
3.Taking part in labor-related or labor union business-related activities or meetings held by the confederation of labor unions which they are affiliated with, and
4.Handling other business affairs as agreed with the employer.

Chapter Ⅸ Dissolution and Change of Organizations

Article 33

In case that a new labor union is established through merging or splitting, it shall follow the procedures as prescribed in Article 11 of the Act, provided that, the signature of the founding members and the recruitment of members openly are not required.

Article 34

In case that a competent authority orders a labor union to reorganize in accordance with Paragraph 2 to Article 38 of the Act, it shall follow the procedures as prescribed in Article 11 of the Act.
The competent authority may revoke a labor union’s registration in case it fails to reorganize in accordance with the preceding paragraph.

Article 35

In case when an administrative district has changed, a labor union with the resolution of its general members’ or representatives’ meeting decides to merge, change its name or retain its original name, it shall follow the procedures as prescribed in Articles 26 and 27 of the Act.
In case when an administrative district has changed, a labor union has not resolved to change its name within ninety days, its original name shall be retained and the competent authority shall issue a certificate of registration in accordance with its original name, provided that, the labor union still may amend its union charter and change its name in accordance with Article 26 of the Act.
If a craft union has organized before change of an administrative district and has resulted in that the number of same type of craft unions in that district is more than one, it shall not be restricted by Paragraph 2 to Article 9 of the Act.

Article 36

When an administrative district has changed and a labor union has resolved in accordance with Paragraph 5 to Article 38 of the Act to decide the start of its sequence of term, the resolution shall be reached by the current term’s general members’ or representatives’ meeting when the administrative district has changed.
When a labor union has resolved to restart its sequence of term and its chairperson’s term of service is also to restart, it shall amend its union charter in accordance with Article 26 of the Act.

Chapter Ⅹ Supplementary Provisions

Article 37

Before a competent authority orders a labor union to suspend its operation partly or wholly in accordance with Paragraph 1 to Article 43 of the Act, it shall consult with the competent authority of related business.

Article 38

When a competent authority decides to punish a labor union in accordance with Paragraph 2 to Article 43 of the Act, the punishment shall be considered whether such contravention has impeded public interests, the consequence of punishment has affected the operation and development of the labor union, or such punishment is made against the principle of proportionality.

Article 39

When a labor union decides to change the number or the term of service of its directors or supervisors in accordance with Article 47 of the Act, it shall be done at the same time when it convenes its general members’ or representatives’ meeting to amend its union charter and shall concurrently resolve the sequence of term and date of implementing the aforesaid amendment. However, when the term of service of its directors and supervisors has expired before the effective date of implementation of the Act, it shall not change that term of service.

Article 40

When a labor union has not elected chairpersons of its board of directors and board of supervisors before the implementation of the Act on May 1, 2011, it shall elect chairpersons of its board of directors and board of supervisors after the expiration of its current term of service of its directors and supervisors in accordance with Paragraphs 3 and 4 to Article 17 of the Act. The term of service of chairperson of board of directors of the labor union shall be counted as the first term.

Article 41

The Rules shall become effective on May 1, 2011.
The amendments of the Rules shall become effective on the date of promulgation.