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

Print Time:2024/11/22 09:02
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Chapter Law Content

Chapter VII Supplementary Provisions
Article 40
When a case of aids has been approved, the appointed attorney-at-law or the worker shall submit the result of aids such as the photocopy of court ruling, mediation (settlement) record, written settlement between the employer and the worker, or arbitration award to the Central Competent Authority for review within thirty days from the date of closing the litigation procedures related to the aids.
If the appointed attorney-at-law or the worker fails to submit in accordance with the preceding paragraph, the Central Competent Authority may, if necessary, proactively review the foresaid documents.
Article 41
For applicants who receive the aids of the Regulations based on malice, dubious purpose or other improper means, in addition for the central competent authority to revoke the approved aids and order the applicant to return the total amount of aids within a time limit, if criminal offense is involved, he/she shall also be referred to the court.
The applicant who fails to return the expenses in accordance with the preceding paragraph shall continue to be ordered to return the expenses and shall not be allowed to apply for any aids of the Regulations within five years from the date of revoking his/her aids.
Article 42
The Central Competent Authority may establish a Reviewing Task Force for the Aids for Legal Service and Living Expenses of Labor-Management Disputes (here-in-after referred to as the Reviewing Task Force) to review the cases of aids referred to in the Regulations.
The Reviewing Task Force prescribed in the preceding paragraph shall have three to five members, the Central Competent Authority shall assign one person on a part-time basis from itself to be a member and also the chairperson, and the rest shall be selected and appointed from experts and scholars with a term of service of two years.
The meeting of Reviewing Task Force shall be convened only when no less than one half of the members attend, and the decision concerning the method and amount of aids shall be made according to the type of case for aids, the status of the labor mediation, or object and complexity of litigation.
The members referred to in the preceding paragraph shall attend the meeting in person, and shall be recusal in accordance with Articles 32 and 33 of the Administrative Procedures Act in reviewing the cases.
The members shall not be paid, but the members from experts and scholars may receive payment for attendance in accordance with related statues and regulations.
Article 43
Private organizations authorized by the Central Competent Authority to handle aid business shall approve the method and amount of aids it should grant according to the type of case for aids, the status of the labor mediation, or object and complexity of litigation.
Private organizations prescribed in accordance with the preceding paragraph to review and approve aid applications for representation fee shall select their appointed attorneys from the list of attorneys they have provided.
Article 44
When a worker files a lawsuit concerning the disputes over mass redundancy, his/her aids shall be processed in accordance with the Regulations for Subsidizing the Litigation and Necessary Living Expenses for Workers of Mass Redundancy, and the Regulations shall not apply.
Article 45
Formats of related documents and forms referred to in the Regulations shall be prescribed by the Central Competent Authority.
Article 46
The Regulations shall take effect on January 1, 2020.
Except that the provisions of Article 2, Article 6, and Chapter 3 herein, amended and promulgated on November 10, 2020, should take effect on July 1, 2021, the provisions amended and promulgated on December 30, 2021, should take effect on January 1, 2022, the provisions amended and promulgated on April 29, 2022 should take effect on May 1, 2022, and the Article 3 amended and promulgated on October 2, 2023 should take effect on September 1, 2024. This amendment shall become effective on the date of promulgation.
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