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

Print Time:2024/11/22 11:17
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Chapter Law Content

Chapter III Aid for Necessary Expenditures for Labor Incidents
Article 15
Workers who have any of the following circumstance may apply for the aid for necessary expenditures specified in Subparagraph 3 of Article 2:
1. The worker, or his/her survivors or guardians as defined in Paragraph 5 to Article 3 who is approved for aid for representation fees in accordance with Paragraph 1 to Article 3.
2. Labor unions who are financially insufficient and file a lawsuit to a court in accordance with Article 40 of the Labor Incident Act.
3. If a labor union is selected by a labor insufficient in financial resources to file litigation to the court according to Article 44-1 of Taiwan Code of Civil Procedure, and the labor meets the circumstances stated in Paragraph 1 to Article 3.
The necessary expenditures set forth in the preceding paragraph are as follows:
1. Court costs, fees for motion, enforcement costs, daily travel expenses for witnesses, appraisal fees, governmental fees, and costs for temporarily release to the custody of the court or the prosecutor.
2. Expenditures as determined by the court.
3. Other necessary expenditures.
The application of the paragraph 1 shall be submitted no later than 60 days after the final ruling of the court is achieved. However, if the amount of the litigation fee is not determined until after the final ruling of the court is achieved, it shall be filed no later than 60 days after the litigation fee is determined.
Article 16
When a worker or labor union applies for aid for necessary expenditures for labor incidents, the central competent authority or the private organizations authorized by the Central Competent Authority to handle aid business shall decide on the amount of aids according to the type of case for aids, the status of the labor mediation, or object and complexity of litigation. The aid for each worker or labor union shall be 50,000 NT dollars at the maximum for each case.
Article 17
When a number of workers individually apply for aid for the necessary expenditures for labor incidents over the same labor-management dispute, the Central Competent Authority may consolidate and process their applications as one single case, and handle the matters according to the preceding article.
Article 18
Applications filed by labors for aid for necessary expenditures for labor incidents shall be submitted along with the following documents:
1. The application.
2. The labor-management dispute statement and related proof.
3. The financial statements of the worker and related proof documents; 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. The receipt for payment of necessary expenditures; but a photocopy of court order demanding such payment may suffice in an urgent or special situation.
6. An affidavit stating that no aid of the same nature from other government agencies or private organizations entrusted by government agencies has been received.
Applications filed by labor unions for aid for necessary expenditures for labor incidents shall be submitted along with 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. Copy of certificate of registration of labor union.
5. 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.
6. The receipt for payment of necessary expenditures; but a photocopy of court order demanding such payment may suffice in an urgent or special situation.
7. An affidavit stating that no aid of the same nature from other government agencies or private organizations entrusted by government agencies has been received.
If a person applying for aid as stated in the Subparagraph 1, Paragraph 1 to Article 15, the documents specified in Subparagraphs 2 to 4 in the Paragraph 1 shall not be needed.
If a person applying for aid as stated in the Subparagraphs 2 or 3,Paragraph 1 to Article 15 has already applied for aid for lawsuit representation fees according to Paragraphs 2 or 3 to Article 3, the documents specified in Subparagraphs 2 to 5 in the Paragraph 2 shall not be needed.
Persons applying for aids in accordance with Subparagraph 3,Paragraph 1 to Article 15 shall submit documents stated in Subparagraph 3 of Paragraph 1.
Article 19
When a case of applying for aids for necessary expenditures for labor incidents has been approved, the applicant shall prepare and submit receipts of payments and information of the bank account for appropriation within 30 days from the date of receiving the notification of approval.
When the aid application described in the preceding paragraph is filed jointly by more than one applicant, one of the applicants shall be authorized to receive the payment.
Applicants filing for aid for necessary expenditures for labor incidents according to the proviso in Subparagraph 5 of Paragraph 1 and Subparagraph 6 of Paragraph 2 of the preceding article and receiving approval shall submit proof of payment of necessary expenditures to the Central Competent Authority for verification within 30 days after paying the court costs.
Article 20
Under any of the following circumstances, applications for aid for necessary expenditures for labor incidents shall be rejected:
1. The situation specified in Subparagraphs 1, 2, 5, 6, 8 or 9 of Article 10 exists.
2. Approval of the application does not comply with the regulation set forth in Article 15.
3. The benefit expected from winning the lawsuit is lesser than the necessary expenditures for labor incidents or court costs unless the outcome has a significant meaning or positive effect on the society and public interest.
Article 21
The Central Competent Authority may terminate the aid when an aid applicant receiving approval does not cooperate in the aid execution procedure without justification and the aid cannot be provided.
The Central Competent Authority may revoke the aid when an aid applicant receiving approval is found to be with the situation specified in Subparagraph 2 or Subparagraph 5 of Article 10.
The Central Competent Authority shall demand the applicant to return within a given period the entire aid for necessary expenditures already appropriated when the situation specified in Paragraph 1 or the preceding paragraph occurs. Legal action shall be taken if such an applicant fails to return the aid within the given period.
An applicant failing to return the aid as stated in the preceding paragraph may not apply for the aid specified in Article 2 for five years starting from the date the aid termination or revocation occurs.
Article 22
When the necessary expenditures are not paid by the aid applicant, the amount shall be returned within 30 days after the applicant receives is compensated or the court returns the amount. 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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