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

Print Time:2024/11/22 07:53
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Chapter Law Content

Chapter IV Effects of Collective Agreement
Article 17
Except other matters stipulated in the collective agreement, the following employer and labor union shall be the interested parties of a collective agreement and shall comply with working conditions agreed-upon therein:
1.Employer who is the party of collective agreement.
2.Employers and workers who are affiliated with the organizations that are parties of a collective agreement.
3.Employers and workers who join the organizations that are parties of a collective agreement after concluding a collective agreement.
Matters concerning working conditions shall be applicable to the interested parties of a collective agreement referred to in the preceding Subparagraph 3 from the date that they obtain the status of interested parties of collective agreement, unless there are other stipulations therein.
Article 18
The relationship of rights and obligations that are arising from a collective agreement between the interested parties of the agreement referred to in Paragraph 1 of the preceding Article shall be extinguished on the date of terminating the collective agreement, except for matters prescribed in Article 21.
When employers or workers withdraw from an organization that is the party of a collective agreement after concluding the agreement, they shall continue to possess and perform the relationship of rights and obligations that are arising from a collective agreement during the effective period of the agreement.
Article 19
Working conditions agreed upon in a collective agreement are certainly the contents of a labor contract between an employer and workers of that collective agreement. If working conditions in a labor contract that are different from the stipulations in a collective agreement, those portions that are different shall become ineffective; and those portions that are ineffective shall be replaced by stipulations in the collective agreement. However, if the stipulations that are different from the collective agreement are allowed by that agreement, or are to change working conditions for the benefits of workers and are not forbidden by the collective agreement, then the foresaid stipulations shall remain effective.
Article 20
If stipulations in a collective agreement are not within the scope of Subparagraphs 1 and 2 of Paragraph 1 to Article 12, they cannot have any effect on those matters prescribed in the preceding three articles.
When interested parties of a collective agreement are in contravention of the stipulations that are not belong to Subparagraph 1 of Paragraph 1 to Article 12, the related provisions of the Civil Codes shall apply unless there are other stipulations in the collective agreement.
Article 21
If the duration of a collective agreement has been expired and a new agreement is not yet concluded, the stipulations concerning working conditions in the collective agreement shall continue to be the contents of a labor contract between the interested parties of the collective agreement before a new labor contract is agreed upon.
Article 22
During the effective period of labor contract if the interested parties of a collective agreement abandon their rights obtained from a labor contract that are arising from the collective agreement, their abandonment shall be null and void. However, if the rights are not exercised within three months after the termination of labor contract, those rights can no longer be exercised.
When an employer is bound by a collective agreement, it he/she terminates a labor contract because a worker claims the rights that are arising from the collective agreement or the rights that are contained in a labor contract arising from a collective agreement, the termination shall be null and void.
Article 23
The parties of a collective agreement and the successors of their rights shall not engage in any industrial action for the purpose of impeding with the existence of the collective agreement, or the existence of the separately agreed-upon matters that are different from those stipulated in the collective agreement.
The organizations that are parties of a collective agreement shall have obligations for not allowing their affiliated members to engage in any industrial action referred to in the preceding paragraph, and for not doing anything that is in contravention with the collective agreement.
It may be stipulated in a collective agreement that if one party of the agreement cannot perform its own obligations or is in contravention with the provisions referred to in the preceding two paragraphs, the party shall pay a forfeit to the other party.
The related provisions of the Civil Codes shall apply to the performance of a collective agreement unless there are other provisions in the Act.
Article 24
The organizations that are parties of a collective agreement may, in the name of that organizations, request the payment of damages from those who are in contravention with the agreed-upon stipulations regardless whether those are organizations, members of the foresaid organizations, or members of organizations of the other party.
Article 25
The organizations that are parties of a collective agreement may, in the name of that organization, file any lawsuit for its members concerning the agreement. However, they shall inform the members in advance and not against their express intension.
When its members become the defendants in a lawsuit which is arising from the collective agreement, the organizations that are parties of a collective agreement may join the lawsuit.
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