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Title: Indigenous Peoples Employment Rights Protection Act CH
Category: Council of Indigenous Peoples(原住民族委員會)
Chapter 6 Labor Dispute and Remedy
Article 20
Aboriginal labor disputes shall be processed according to the Labor Dispute Resolution Act. However, in the event of disputes concerning the rights of employees and employers and adjustment thereof, if more than one-third (1/3) of the workers are involved, rules governing the mediation members or arbitration members assigned by the labor competent authority and the various levels of competent authority are as follows:
1.Mediation Procedures: The competent authority shall assign three (3) people with at least one (1) with aboriginal status.
2.Arbitration Procedures: The competent authority of labor disputes and the central competent authority shall assign three (3) –to-five (5) representatives with at least one (1)-to-two (2) of aboriginal status.
Article 21
In the event of employment prejudice or labor disputes at work, each level of competent authority shall provide the following assistance:
1.Legal counseling.
2.Provide attorneys and necessary litigation fees.
The aforementioned method of subsidization shall be determined by the central competent authority.
Article 22
In the list of arbitration members recommended and approved by the municipal, county (city) government according to Article 30 of the Labor Dispute Resolution Act with at least one (1)-to-five (5) having aboriginal status.
Article 23
The central competent authority shall set up employment funds under the Aboriginal Combined Development Funds for the processing of the promotion of aboriginal employment rights and interests; the income and expenses, the method of balancing, safekeeping and utilization thereof shall be set forth by the Executive Yuan.
The source of the aforementioned employment funds:
1.Fund allocation by the government according to the budgeting procedure.
2.The voucher paid according to this Act.
3.Interest income generated from the fund.
4.Other relevant income.
For the funds required for the processing of aboriginal employment service and occupational training by the central competent authority, the work plan and fund requirement can be submitted to the Employment Stabilization Fund Management Committee for review with the payment thereof being made thereafter.
Article 24
If the number of aboriginals hired by each level of government, public school and state-run businesses three (3) years after implementation of the Act does not reach the proportion stipulated in Article 4 and Article 5, vouchers shall be paid monthly. However, in the event of request by letter to the various levels of competent authority for reference according to the provision in Section 2 of Article 14, no voucher needs to be paid before the competent authority makes any reference.
The vouchers mentioned in the previous section and Section 3 of Article 12 shall be calculated based on the monthly salary multiplied by the difference in the number of people.
Failure to pay vouchers required by the Act after being notified of the deadline for payment shall be submitted for compulsory execution by law.
Each level of government, public school, state-run businesses and winning bidders according to the Government Procurement Act hiring more indigenous people than the proportion stipulated herein shall be awarded; the award method shall be determined by the central competent authority.