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

Print Time:2024/11/24 04:15
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Chapter Law Content

Chapter Ⅴ Industrial Actions
Article 53
Industrial actions cannot be undertaken unless a mediation of labor-management dispute is not successfully concluded; for the rights dispute, strike is not allowed.
If the Central Competent Authority decides that the employer or employer organization is in violation of Article 35 of the Labor Union Act or Paragraph 1 to Article 6 of the Collective Agreement Act, the labor union may undertake industrial actions in accordance with the Act.
Article 54
A labor union shall not call a strike and set up a picketing line unless the strike has been approved by no less than one half of the members in total via direct and secret balloting.
The following workers cannot undertake a strike:
1. Teachers.
2. Workers who are employed by the Department of Defense and its affiliated agencies (institutes) or schools.
For the following types of businesses which may have impacts on the safety of public lives, national security or essential public interests, a labor union may call a strike only when the labor union and its counterpart have reached a minimal service clause:
1. Water supply businesses.
2. Power and fuel supply businesses.
3. Hospitals.
4. Financial information service businesses engaging in the transfer or settlement of funds between banks, businesses dealing with securities or futures trading, settlement and custody, and other businesses handling payment systems.
After the minimal service clause referred to in the preceding paragraph is reached, the business entity shall submit it to the competent authorities of related business for review and record.
A labor union may call a strike for Type I telecommunication businesses which provide fixed or mobile telecommunication service, unless that the basic voice telecommunication service can be maintained without interruption.
The scope of the agencies (institutes) and businesses referred to in Paragraphs 2 and 3 shall be prescribed by the Central Competent Authority jointly with the competent authorities of the business or competent authorities of related business. The scope of the basic voice telecommunication service referred to in the preceding paragraph shall be prescribed by the competent authorities of related business.
When a great disaster happens or may happen, government at all levels for carrying out disaster prevention duties or undertaking actions to deal with an emergency in accordance with the Disaster Prevention Act may prohibit, restrain, or stop a strike during the period of handling the disaster.
Article 55
Industrial actions shall be undertaken in good faith and on the basis of the principle of the vested rights that shall not be abused.
An employer shall not claim damages from industrial actions undertaken by the labor union and its members in accordance with the Act.
Justifiable industrial actions undertaken by a labor union and its members that are pursuant to the requirements under the Criminal Code and other special criminal statutes are not penalized. However, the foresaid rule is not applicable when force and threat are used and the life or body of other person is or may be harmed.
Article 56
During the period of industrial actions being undertaken, both parties to the dispute shall maintain the normal operation of safety and sanitary equipments in the workplace.
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