Chapter Ⅱ Organizations
Factories and sites referred to in Subparagraph 1, Paragraph 1 to Article 6 of the Act are those workplaces with independent personnel, budget and accounting systems, and are entitled to apply for factory, business or commerce registration according to related statutes.
The independent personnel, budget and accounting systems referred to the preceding paragraph shall meet the following requirements:
1. The right to hire and dismiss workers of the workplace.
2. Planning and executing its own budget.
3. Establishing its own accounting unit and account to calculate its gains, losses and deficits.
Business entities referred to in Subparagraph 1, Paragraph 1 to Article 6 of the Act are those institutes, legal persons or groups which are employing workers to do the work.
According to their organizational coverage, confederated labor union organizations are divided into national confederated labor union organizations and regional confederated labor union organizations.
The “region” of the “regional confederated labor union organizations” referred to the preceding paragraph is the administrative area of municipality or county (city).
The site of a regional confedearated labor union organiation shall be set up in the scope of the organizational coverage, and it shall register in and apply for certificate of registration from the municipal, county (city) governments where its site is located.
The following labor organizations, which were established before the implementation of the Act on May 1, 2011, shall be under the jurisdiction of the Central Competent Authority :
1.Conferderated labor union organizations under the jurisdiction of the former Taiwan Provincial Government.
2. Those labor unions that are formerly designated by the Central Competent Authority according to the related statutes as in communications, transportations, public utilities which are spanning various administrative districts.
The term “types and numbers of labor unions” referred to in Paragraph 2 to Article 8 of the Act denotes to those within the scope of the nation, the mount of those labor unions they are of the identical type of the established national confederated labor union organizations.
If national confederated labor union organizations organized in accordance with Paragraph 3 to Article 8 of the Act cannot reach one / third of the identical types and numbers, or their administrative districts encompassed cannot reach one and half of total number of municipal, county (city) governments, the Central Competent Authority shall not allow them to register.
The term “identical types of professional unions” referred to in Paragraph 2 to Article 9 of the Act denotes to the professional unions whose members’ professional expertise and contents of their work cannot be separated from those of other professional unions.
The name of a labor union shall be registered in Chinese. Its characters shall be limited to the Chinese dictionary complied by the Ministry of Education, or Tzi-Yuan, Tzi-Hai, Kan-Shi or other popularly used Chinese dictionaries.
The name of a corporate union shall identify clearly the name of its factory and site, business entity, affiliated enterprise or financial holding company.
The name of industrial union, professional union and confederated labor union shall identify clearly the organizational region and type, unless otherwise specified in the Act.
The term “recruiting members openly” referred to in Paragraph 1 to Article 11 of the Act denotes to utilizing such methods as public announcements, the Internet, newspapers, or other identifiable methods to recruit those persons who are eligibile to join the labor union.
Name lists of members, directors and supervisors referred to in Paragraph 2 to Article 11 of the Act shall record names, methods of contact and residence of the chairperson of the board of directors.
The site of a corporate union shall be set up within the administrative area where the factory, business entity, affiliated company, or financial holding company or its subsidiary is located.
The site of an industrial union or a professional union shall be set up within the area organized by the union concerned.
Conferderated labor unions shall record the names, addresses and methods of contact of their affiliated labor unions in the name list of members.
When a labor union receives the registration certificate, it shall submit the imprints of it official seal in triplet to the compete authority for record.
The competent authority shall refuse to register a labor union when one of the following matters occur:
1.the number of signatures of the founding members in application is less than thirty,
2.failure to form a preparatory committee,
3.failure to openly recruit members,
4.failure to draft the union charter,
5.failure to convene a general inaugural meeting, and
6.failure to register in accordance with the Act within thirty days after the date when a general inaugural meeting is convened.
Subparagraph 1 of the preceding paragraph shall not apply to the procedures of organizing confederated labor union organizations.
When the preparatory committee of a labor union proceeding to register shall submit the name list of its founding members and documents referred to Paragraph 2 to Article 11 of the Act.
The name list of its founding members referred to the preceding paragraph shall record their names, methods of contact, job or information and materials to prove the worker status, and signatures.
When the preparatory committee of a confederated labor union organization proceeding to register shall submit the name list of its founding labor unions and the minute of resolution for organizing a confederation.
When the preparatory committee of a labor union has any deficiency during registration that can be remediable, the competent authority shall order it to remedy within a specific period. If it cannot remedy within the specific period, the competent authority shall refuse its registration.
When further investigation of facts and evidences is deemed necessary after receiving the registration application from the preparatory committee of a labor union, the competent authority may notify persons concerned to present their statement, and may also request the applicant or a third party to provide documents, information or materials needed.
When accepting the registration application from the preparatory committee of a labor union, the competent authority shall number all the applications for registration according the order of their receipt. It shall record the receiving time by minute.
When two or more labor union preparatory committees are set up in the same enterprise or for the same profession and apply for registration certificates according to Paragraph 1 and Paragraph 2 of Article 11 of the Act, the competent authority shall accept the applications and issue the registration certificates in accordance with the filing sequence of the applications. When such applications are filed at the same time and the registration requirements are also met, the order of issuance shall be determined by lot drawing to be carried out by representatives from the labor union preparatory committees applying for registration certificates.
When different competent authorities accept the same applications filed as described in the preceding paragraph and the corresponding registration requirements are met, the competent authority receiving the applications first shall process the registration applications. If the sequence cannot be determined, the central competent authority shall appoint one of such competent authorities to conduct the lot drawing.
The competent authority appointed as stated in the preceding paragraph shall inform the labor union preparatory committees filing the applications as well as other competent authorities receiving the same applications of the time and location of the lot drawing and the lot drawing shall be carried out by representatives from the said preparatory committees.
The subparagraphs that shall be recorded in a union charter concerning the initiation, withdrawal, suspension, expulsion, designation and discharge which are referred to in Subparagraphs 7, 9 and 11 of Article 12 of the Act, shall include their qualifications, conditions and procedures for handling.
The designation and discharge referred to in the preceding paragraph shall be decided by secret ballots unless otherwise stipulated in the union charter of a confederation.
Manager who exercises managerial authorities on behalf of the employer as prescribed in Article 14 of the Act shall not become a founding member of a corporate union.
Chapter 2 of the Act and Chapter 2 of the Rules shall apply, mutatis mutandis, to the organizational procedures of confederation of labor unions