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Chapter Law Content

Chapter Ⅱ Processing of Application
Article 2
The parties to a labor-management dispute shall prepare a written application for arbitration and submit it to the competent authority.
When the competent authority receives the application for arbitration referred to in the preceding paragraph, it shall explain to the applicants the arbitration procedures and the following matters:
1. They may choose either the way of using an arbitrator with full authority or an arbitration committee to arbitrate; however, when one party to the dispute applies for a handed-over arbitration, the dispute can only be arbitrated by an arbitration committee.
2. They may request the arbitration committee or the arbitrator with full authority to state their identities and qualifications.
3. They may request the competent authority to provide the name list of the arbitrators with full authority or members of arbitration committee for them to review.
4. In case that after choosing the way of arbitration referred to in Item 1, if the arbitrator with full authority or the members of arbitration committee cannot be appointed within a given period, the competent authority may make the designation on their behalf.
5. In case that the parties are in agreement to apply for arbitration, the expenditure required to pay for the expert opinions from the third party or institution(s) if necessary.
The arbitration application forms provided by the competent authority shall include contents prescribed in the preceding paragraph.
Article 3
In case that an application for arbitration has one of the following situations, the competent authority shall order the applicant to correct within a given period. If the correction cannot be made after the expiration of the period, the application shall not be accepted:
1. When one of the parties is not consistent with one of the following requirements:
(a) Being a natural person.
(b) Being a juristic person.
(c) Being an unincorporated organization with a person in charge or an administrator.
(d) Being an administrative agency.
(e) Being a subject with rights and obligations in accordance with other statutes.
2. When the application is filed by an agent without full authority.
3. When the application is inconsistent with the required procedures and formalities or inadequate with other requirements.
4. When the arbitration is in progress and the same application for arbitration is filed again.
5. When the application for a handed-over arbitration is filed in accordance with Paragraph 3 of Article 25 of the Act and the written agreement required is inadequate.
In case that an arbitrator with full authority or arbitration committee discovers that one of the situations referred to in the preceding paragraph occurs during the arbitration process, the arbitrator or arbitration committee shall report to the competent authority for action to be taken.
In case that the matters contained in the application for arbitration are still covered by an arbitration award in effect, the competent authority shall not accept the application.
Article 4
In case that both parties have agreed in writing to apply for arbitration and one party raises the issue whether this written agreement does exist, the municipal or county (city) competent authorities (here-in-after referred to as the local competent authorities) shall interpret this agreement with the principle of promoting the effectiveness of it.
In case that the documents, correspondences, faxes, telegrams or other similar forms of communications between the two parties can prove that they have agreed to arbitrate, it shall be regarded that this agreement does exist
Article 5
Before the competent authority designates a member to replace the original member of the arbitration committee in accordance with Paragraph 2 to Article 34 of the Act, it shall listen to the opinion of the party who selects the replaced member of the arbitration committee.
Article 6
The labor side of the dispute that applies for arbitration in accordance with Paragraph 2 to Article 25 of the Act shall be a labor union.
Article 7
In case that the competent authority decides to hand over the dispute for arbitration ex officio in accordance with Paragraphs 2 and 4 to Article 25 of the Act, it shall notify both parties to select members of the arbitration committee in accordance with Paragraph 1 to Article 29 of the Act, and then organize the arbitration committee and explain the arbitration procedures.