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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/25 08:00
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Chapter Law Content

Chapter II Aids for Agency Service of Labor Incident Handling and Criminal Accusation
Article 3
When a worker insufficient in financial resources motions for labor mediation or files litigation due to unsuccessful mediation by the competent authority and has one of the following situations, he/she may apply for the aid referred to in Subparagraph 1 of the preceding article:
1.Dispute with employer involving labor contract termination in accordance with the Labor Standards Act, unpaid salary, severance, or retirement payment (labor pension).
2.Employer failing to compensate or pay damages for occupational accidents.
3.Employer failing to insure the worker in accordance with the Labor Insurance Act, Labor Occupational Accident Insurance and Protection Act, or the Employment Insurance Act or under-declaring insured salary that causes damage to the worker.
When a labor union insufficient in financial resources considers an employer has infringed on the interests of most of its members and subsequently files litigation due to unsuccessful mediation by the competent authority, the labor union may apply for the aids referred to in Paragraph 1 to Article 40 of Labor Incident Act.
If a labor insufficient in financial resources meets the circumstances stated in Paragraph 1 and selects labor union to file litigation to the court according to Paragraph 1 to Article 44-1 of Taiwan Code of Civil Procedure, the labor union may apply for the aids referred to in Subparagraph 1 of the preceding article.
Once the lawsuit for the three preceding paragraphs has entered the second instance, third instance or retrial, the worker may apply for the aid prescribed in Subparagraph 1 of the preceding article without going through mediation by the competent authority.
If the worker has deceased or is incapacitated due to other reasons, his/her survivor or guardian may apply for the aids referred to in Subparagraph 2 of Paragraph 1.
When a worker or a labor union applies for the aids referred to in Subparagraph 1 of the preceding article, he/she shall file within 180 days from the date that the procedures concerned commence.
Article 4
When the employer acts according to Paragraph 1, Article 48 of Act for Settlement of Labor-Management Disputes and files a civil litigation against a worker over the same case that has been confirmed by the Board on Unfair Labor Practices as an unfair labor practice and the worker in concern lacks sufficiency in financial resources, the worker may apply for the aid prescribed in Subparagraph 1 of Article 2 without going through mediation by the competent authority.
Article 5
When workers lacking sufficiency of financial resources or their legal representatives file lawsuits over occupational accidents caused by the employer's violation of the Labor Safety and Health Act, such workers or their legal representatives may apply for the aid specified in Subparagraph 2 of Article 2.
Article 6
The term sufficiency of financial resources used in Paragraphs 1 and 3 to Article 3, Article 4, Article 5, Subparagraphs 1 and 3 of Paragraphs 1 to Article 15, and Subparagraphs 1 of Paragraph 1 to Article 35 refers to situations where the applicant or the party earns over NT$65,000 (same currency applies hereinafter) per month or owns assets worth more than NT$3 million dollars in total at the time of application. However, the property that the applicant or the party owns and lives at is not included.
The term sufficiency of financial resources used in Paragraph 2 to Article 3, Subparagraph 2 of Paragraph 1 to Article 15, and Subparagraph 2 of Paragraph 1 to Article 35 refers to situations where the current assets of the labor union in the previous year exceeded NT$5 million.
If an applicant or a party as stated in the Paragraph 1 has to pay regular expenses needed to take care of family members suffering critical injuries or diseases, or the applicant or the party is a financially insufficient single parent providing for his or her children and looking after lineal relatives and not deducting part of the income or assets in income or asset calculation would obviously be inconsistent with the purpose of such aid, such part of income or assets may be deducted.
Article 7
The standards of remuneration for agency service of labor mediation and litigation are as follows:
1. Forty thousand in maximum per instance for individual application or labor mediation, or up to sixty thousand for a complicated case if deemed necessary after reviewing.
2. One hundred thousand in maximum per instance for joint application or labor mediation, or up to one hundred and twenty thousand for a complicated case if deemed necessary after reviewing.
3. Thirty thousand in maximum for each application for injunctive procedures.
4. Ten thousand in maximum for each application for supervisory procedures.
5. Forty thousand in maximum for each application for compulsory execution procedures.
6. Ten thousand in maximum for each application for legal document drafting.
For persons applying for aids in accordance with Paragraphs 2 or 3 to Article 3 of the Act, the standards of remuneration for agency service shall be handled in accordance with Subparagraph 2 of the preceding article.
Article 8
When more than one worker individually and separately apply for remuneration for agency service of labor mediation or civil litigation with regard to the labor dispute of the same reasons and facts, the Central Competent Authority may consolidate and process their applications as one single case, and handle the matters according to Paragraph 1 of the preceding article.
Article 9
Labors or the survivor or guardian referred to in Paragraph 5 to Article 3 applying for remuneration for agency service of labor mediation or civil litigation shall submit the following documents:
1. The application.
2. The labor-management dispute statement and related proof.
3. Statement and relevant proof documents concerning the situation of sufficiency in financial resources of the worker; if there is any deduction of income or assets as provided for in Paragraph 3 to Article 6, relevant proof documents thereof shall be submitted separately.
4. A photocopy of unsuccessful mediation record issued by the labor competent authority of the municipal or county/city government.
5. An affidavit stating that no aid of the same nature from other government agencies or private organizations entrusted by government agencies has been received.
Labor unions applying for remuneration for agency service of labor mediation or civil litigation shall submit the following documents:
1. The application.
2. The labor-management dispute statement and related proof.
3. A photocopy of unsuccessful mediation record issued by the labor competent authority of the municipal or county/city government.
4. An affidavit stating that no aid of the same nature from other government agencies or private organizations entrusted by government agencies has been received.
5. Copy of certificate of registration of labor union.
6. Proof during the past 12 months of documents submitted in accordance with Article 31 of the Labor Union Act and approved by the competent authority for review and record.
Persons applying for aids in accordance with Paragraph 3 to Article 3 shall submit documents stated in Subparagraph 3 of Paragraph 1.
Persons applying for aids in accordance with Article 4 of the Act shall also submit the decision award on unfair labor practices.
Article 10
When there is one of the following situations, the application for remuneration for agency service of labor mediation or civil litigation will be rejected:
1. The labor mediation or litigation will bring no substantial benefit or its winning prospect is apparently none.
2. The same item of aids of the same nature for the same case has been provided by other government agencies or private organizations entrusted by government agencies.
3.The application is inconsistent with Article 3 or 4.
4.The application is inconsistent with Article 5.
5.The application documents or proof are counterfeit, forged, false or invalid.
6. The application is not filed within a given period according to Paragraph 6 to Article 3, or the application documents are incomplete and not corrected within the given period after being notified.
7. The benefits for the worker or the labor union from winning the case are less than the remuneration for the attorney-at-law. However, the case with significant impact or meaning on the society and public interests is not included.
8. The counterpart of the case is the Executive Yuan or the Central Competent Authority and its subordinate agencies(institutions).
9. The application is inconsistent with the objectives of the aids prescribed in the Act.
Article 11
When the application is approved after reviewing, the applicant shall appoint a suitable attorney-at-law from the name list of attorneys-at-law for legal aids provided by the Central Competent Authority.
The Central Competent Authority shall assign an attorney-at-law from the name list of attorneys-at-law if the applicant cannot appoint one in accordance with the preceding paragraph.
The appointed attorney-at-law shall charge the rate for the legal service in accordance with the standards of remuneration for agency service of civil litigation, and shall not charge any extra expenses.
The Central Competent Authority shall remove an attorney-at-law in violation of the preceding paragraph from the name list of attorneys-at-law for aids.
Article 12
When a case of aids has been approved, the appointed attorney-at-law shall prepare such documents as indictment, statement of claims, his/ her bank account, notices of court session and related receipts within ninety days from the date of approval and apply to the Central Competent Authority for appropriation.
When a case of aids has been approved, if the appointed attorney-at-law who has successfully achieved labor mediation as referred to in Labor Incident Act or settlement prescribed in the Civil Procedures Act shall be paid for the rate of his/her legal service in accordance with the standards of remuneration for agency service of civil litigation.
Article 13
When a case of aids has been approved, if the applicant fails to comply with the implementation of aids, passes away, goes missing or for other reasons to make the aids not necessary to be continued further, the Central Competent Authority may terminate his/her Aids.
When a case of aids has been approved, if the applicant has one of the situations prescribed in Subparagraph 2 or 5 of Article 10, the Central Competent Authority may revoke his/her aids.
When any of the situations referred to in the preceding paragraph occurs, the Central Competent Authority shall order the applicant to return all the remuneration that has been appropriated to the appointed attorney-at-law within a given period. If the applicant does not return within the given period, retrieving measures shall be taken in accordance with related statutes.
The applicant who fails to return the expenses in accordance with the preceding paragraph shall not be allowed to apply for the aids within five years from the date of revoking his/her aids in accordance with the second paragraph.
Article 14
If the agency remuneration is not borne by the aid applicant, it shall be returned within 30 days after the applicant receives the compensation. The amount to be returned shall be the amount funded.
The Central Competent Authority shall repeal the original aid approval and demand return of already disbursed amount if an applicant fails to return the amount as specified in the preceding paragraph. Legal action shall be taken if such an applicant fails to return the amount within the given period. Such an applicant may not apply for the aid specified in Article 2 for five years starting from the date the aid approval is repealed.
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