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

Print Time:2024/12/12 10:34
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Chapter Law Content

Chapter Ⅵ Other Matters of Compliance
Article 23
When a mediator or a member of mediation committee deems it as necessary that the parties to the dispute, a person concerned or business entity shall make statements for the purpose of finding the fact, the local competent authority shall in advance notify them in writing.
In case that a mediator or an assigned member of mediation committee deems it as necessary to interview a related business entity for the purpose of finding the fact, he/she shall obtain a written permission from the local competent authority in advance, and proactively display the permission when engaging in the interview.
In case that a member of mediation committee who is chosen by the parties to labor-management dispute or is designated by the local competent authority in accordance with Paragraph 1 to Article 14 of the Act has the reasons to recuse prescribed in Paragraph 1 to Article 9 of the Regulations, he/she shall not be assigned to conduct the fact-finding.
Article 24
When a member of the mediation committee and a mediator conduct mediation activities, they shall comply with provisions concerning mediation procedure as prescribed in Chapter II of the Act.
A member of the mediation committee or a mediator shall not execute the following actions:
1.Process improper interests while executing mediation activities;
2.Use violence or coercion while processing mediation activities;
3.Order parties or the person or business entity involved in the dispute to make statements without issue of a notification by the local competent authority in accordance with Paragraph 1 of the preceding article;
4.Enter the concerned business entity for interview without prior permission from the local competent authority issued in accordance with Paragraph 2 of the preceding article;
5.Execute any other action in violation of mediation ethics.
Should a member of the mediation committee or a mediator execute any of the actions prescribed in the preceding paragraph and any such commitment is deemed to have been executed by the local competent authority, he or she shall not be allowed to serve as a member of the mediation committee or as a mediator. Should he or she have been appointed by the local competent authority as a member of the mediation committee, he or she shall be dismissed immediately. Should he or she have obtained a mediation certificate of labor-management disputes and have materially violated any laws or regulations, the local competent authority shall report to and request that the central competent authority revoke his or her certificate.
Article 24-1
The central competent authority shall establish the Labor-Management Disputes Mediator’s Certificate Revocation Review Group (hereinafter referred to as the Review Group) to review the request made in accordance with Paragraph 2 of the preceding article in the event of the revocation of a mediator’s certificate.
The Review Group referred to in the preceding paragraph shall consist of 5 or 7 members. The central competent authority shall appoint a particular person to act as one of the members of the Review Group and its convener. The remaining members shall be selected from among experts and scholars. Members shall service for a term of two years.
When the Review Group holds a meeting, more than a half of the members shall attend the meeting. A resolution may be adopted only by way of a vote of more than two-thirds of the members present at the meeting.
The Review Group may invite administrative agencies, units or persons relevant to the matter under resolution to attend, state facts or issue comments at the meeting of the Review Group as it deems necessary.
When the Review Group holds a meeting, members shall appear in person for the review in any of the situations stated in Articles 32 and 33 of the Administrative Procedure Act.
The positions of members of the Review Group are unpaid positions. However, expert and scholar members shall receive an attendance allowance pursuant to regulations.
Article 25
The mediation committee and a mediator are required to produce a mediation record which shall include the following matters:
1. Matters prescribed in Article 10 of the Act;
2. Date that the application for a mediation of labor-management dispute is filed;
3. Date and duration of the mediation meeting held; in case more meetings are held, they shall be recorded in order separately;
4. Location of the mediation meeting;
5. Assertions and statements made by the parties in the dispute;
6. Results of fact-finding;
7. Contents of the mediation plan;
8. Result of the mediation;
9. Attendance or absence of the parties in the dispute; and
10. Name(s) and signature(s) of members of the mediation committee or the mediator.
When the mediation is not successfully concluded, the mediator shall explain the items prescribed in Paragraph 1, Article 25 of the Act to the parties and include it in the mediation record.
The mediation committee, mediator or commissioned civil organization to mediate shall submit the mediation record and related documents and files to the local competent authority within three days after the closing of mediation procedures.
The local competent authority shall send the mediation record to the parties in the labor-management dispute within seven days after receiving the record referred to in the preceding paragraph.
The local competent authority may entrust the civil organization indicated in Paragraph 3 to handle the delivery of the records referred to in the preceding paragraph.
Mediation records and related documents and files shall be stored for fifteen years.
Article 26
The local competent authority may pay the expenses for the mediation or other expenses derived from the mediation to the mediator who is assigned in accordance with Paragraph 1 to Article 11 of the Act.
The local competent authority may pay commission fees to the civil organizations that are commissioned in accordance with Paragraph 3 to Article 11 of the Act.
Article 27
Formats of related documents and forms referred to in the Regulations shall be prescribed by the Central Competent Authority.
Article 28
The amendments to these Regulations shall become effective from the date of promulgation, with the exception to Article16 and Article 17, which shall become effective on May 1, 2016.
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