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

Print Time:2024/11/22 12:30
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Chapter Law Content

Chapter Ⅲ Appointment and Obligations of Members of Arbitration Committee
Article 8
The competent authority may appoint a person who is familiar with labor-management relations and with one of the following qualifications to be a member of arbitration:
1. Person who has served or is currently serving as an arbitrator with  full authority in a domestic or foreign arbitration institution.
2. Person who has served or is currently serving as a judge, public prosecutor for no less than three years.
3. Person who is an attorney-at-law or other with professional or technical practice in accordance with related statutes for no less than three years.
4. Person who has served or is currently serving as an assistance professor or above at universities or colleges certified by the Ministry of Education for no less than three years.
5. Person who has served in a government agency assuming administrative duties and held a position above the Grade Nine for no less than three years.
6. Person who has served or is currently serving one of the following positions for no less than five years:
(1)With a position above the level of manager who represents the employer to handle labor affairs in a business entity with more than fifty employees.
(2)Member of the board of directors, board of supervisors, or with other equivalent position in a labor organization, employer organization or other civic intermediary organization at the level of a municipal city and county (city) and above.
Article 9
The chief member of arbitrator committee shall have one of the following qualifications:
1. Person who has served or is currently serving as a labor arbitrator with full authority in a domestic or foreign arbitration institution for no less than three years.
2. Person who has served or is currently serving as a judge, public prosecutor for no les than ten years.
3. Person who is an attorney-at-law, or others with professional or technical practice in accordance with related statutes for no less than ten years.
4. Person who has served or is currently serving as an assistant professor or above at universities or colleges certified by the Ministry of Education for no less than ten years.
5. Person who has served in a government agency assuming administrative duties and held a position above the Grade Nine for no less than ten years.
6. Person who has served or is currently serving one of the following positions for no less than ten years.
a. With a position above the level of manager who represents the employer to handle labor affairs in a business entity with more than fifty employees.
b. Member of the board of directors, board of supervisors, or with other equivalent position in a labor organization, employer organization or other civic intermediary organization at the level of a municipal city and county (city) and above.
Article 10
A person with one of the following situations is not qualified to be appointed as a member of arbitration committee:
1. Person who has been declared as suspending civic rights which have not yet being restored.
2. Person who has been declared as bankruptcy which has not yet being restored.
3. Person who has started to undergo liquidation procedures in accordance with the Statute for Consumers’ Debts Clearance and his/her financial transaction rights have not yet being restored.
4. Person who has been declared under guardianship or supervision and the declaration has not yet being revoked.
5. Person who is a minor.
Article 11
The competent authority shall prepare a name list of members of arbitration committee including the following items:
1. Name, age and gender.
2. Educational attainment and experiences.
3. Current position and job.
4. Expertise.
5. Experience of handling labor-management relations.
6. Date of appointment.
The competent authority shall publicly announce the name list of members of arbitration committee before the end of May each year.
Article 12
The term of service of members of arbitration committee shall be three years each term.
In case that the local competent authority appoints a new member during a term, his/her term of service shall be until the term of service of other incumbent members is expired.
Article 13
When the local competent authority designates members of arbitration committee or the chief member of arbitrator committee in accordance with Paragraph 2 to Article 29 of the Act, it shall make the designation from the name list of members of the arbitration committee.
In case that a dispute is handed over for arbitration in accordance with Paragraph 2 to Article 25 of the Act, and the parties to the dispute cannot jointly select one or three members of the arbitration committee or the members cannot select a chief among themselves in accordance with Paragraph 4 to Article 30 of the Act, the Central Competent Authority shall designate them from the name list of arbitration committee.
Article 14
In case that parties to a dispute regard that a member of arbitration committee has the causes for recusal as prescribed in Paragraphs 1 and 2 to Article 32 of the Act, they may apply that member to recuse.
The application referred to in the preceding paragraph shall provide and submit reasons and facts to the concerned competent authority with appropriate explanation. For the member whom the application for recusal is filed with, he/she may offer a written opinion toward the application.
The competent authority shall take an appropriate action in response to the application within ten days referred to in Paragraph 1 unless there is a justifiable reason exists.
When a member of the arbitration committee is filed with the application for recusal, the arbitration procedure shall be suspended before the competent authority makes the decision to approve or reject the application. However, if an urgent circumstance occurs, the competent authority shall take necessary action.
In case that a member of arbitration committee has the causes prescribed in Paragraphs 1 and 2 to Article 32 of the Act and still refuses to recuse, and the parties to the dispute have not filed the application for recusal, the competent authority shall take ex officio action and order him/her to recuse.
Article 15
Members of arbitration committee shall proactively state their status and qualifications to the parties to the dispute before the commencement of arbitration procedures.
Article 16
In case that an appointed member of arbitration committee has one of the following situations, the competent authority shall dismiss the member after examination and confirmation of the facts:
1. In violation of Article 38 of the Act which applies, mutatis mutandis, Article 24 of the Act.
2. Having none of the qualifications prescribed in Articles 8, 9 and 18 of the Regulations.
3. Having one of the situations prescribed in Article 10 of the Regulations.
4. Refusing to recuse in accordance with Paragraph 5 to Article 14 of the Regulations.
In case the a member of arbitration committee has one of the situations prescribed in Items 1, 3 and 4 of the preceding paragraph, he/she can no longer be a member of arbitration committee and the competent authority shall not appoint him/her again.
Article 17
The competent authority shall pay members of arbitration committee the related fees for their attendance, transportation, fact-finding and writing and typing of arbitration awards.
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