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

Print Time:2024/11/22 11:10
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Chapter Law Content

Chapter VI Aid for Representation Fees in Adjudication of Unfair Labor Practices
Article 35
Workers who have any of the following circumstance may apply for the aid as established in Subparagraph 6 of Article 2 without undergoing the mediation procedure of the relevant authority:
1.Cases filed on behalf of workers or job applicants with insufficient financial resources to seek adjudication of disputes resulting from unfair labor practices as specified in Article 35 of the Labor Union Act.
2.Cases filed on behalf of a union with insufficient financial resources to seek adjudication of disputes resulting from unfair labor practices as specified in Article 35 of the Labor Union Act.
No aid shall be provided to the applicant if the application of preceding paragraph has one of the following situations:
1.The application been rejected by the Decision of Board on Unfair Labor Practices as stated in Paragraph 1 to Article 41 of the Act for the Settlement of Labor-Management Disputes.
2.Upon review, the aid is obviously not necessary or the application is inconsistent with the objectives of the aids prescribed in the Act.
Article 36
The standards of aid for unfair labor practice adjudication representation fees are as follows:
1.NT$40,000 per case maximum for individual applicants, but the amount may be increased to NT$60,000 if the case is complicated and the increase is considered necessary after review.
2.NT$100,000 per case maximum for joint applicants, but the amount may be increased to NT$200,000 if the case is complicated and the increase is considered necessary after review.
For the same unfair labor practice adjudication cases where multiple applicants apply for agency service litigation aid individually, the Central Competent Authority may consolidate and process their applications as one single case, and handle the matters according to Subparagraph 2 of the preceding Paragraph.
Article 37
Applications for aid for unfair labor practice adjudication representation fees shall be presented within 30 days after the adjudication application is filed and the following documents shall be submitted:
1.The application
2.A photocopy of the Unfair Labor Practice Adjudication Application
3.The financial statement of the applicant and related proof documents
4.An affidavit stating that no aid from other government agencies has been received
Applicants failing to submit all the documents specified in the preceding paragraph shall be notified to make corrections within a given period. The application from those failing to make corrections within the given period shall be rejected.
Article 38
The appointed attorney representing the applicant shall charge the representation fees in accordance with established rates and may not impose extra charges.
When an aid application is approved, the appointed attorney is required to submit within 30 days after receiving approval the letter of appointment, his or her bank account information and receipt of payment to apply to the Central Competent Authority for appropriation.
Article 39
When finding the application documents or proof documents have been forged, altered, false, or expired after appropriating the aid described in Paragraph 2 of the preceding article, the Central Competent Authority may revoke the aid approved and demand return of the entire aid amount within a given period. Legal action shall be taken if the said amount is not returned within the given period.
Those failing to return the aid amount as stated in the preceding paragraph may not apply for the aid specified in Article 2 for five years starting from the date the revocation is made.
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