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Chapter Ⅳ Directors and Supervisors
Article 15
Once the chairperson and vice chairperson of a labor union are directly elected by its members or member representatives in accordance with the charter of the union, they shall automatically become members of the board of directors of the labor union.
The number of members of the board of directors referred to in the preceding paragraph shall be included in the number of members of the board of directors prescribed in the union charter.
The “members are more than five hundred, it can have two more directors for every additional five hundred of members” referred to Subparagraph 1 of Paragraph 1 to Article 17 of the Act indicates that when the members are more than five hundred, it can have two more directors; when the members are more than one thousand, it can have four more directors, and so on.
Article 16
The directors and supervisors of a labor union shall be re-elected before the expiration of their current term of office.
The term of office for directors or supervisors begins on the date of the first directors’ or supervisors’ meeting. The first directors’ or supervisors’ meeting shall be held within ten days of the expiration of the term of office for former directors or supervisors.
Article 17
Labor union shall notify those persons who are elected as directors or supervisors within ten days of the elections.
If the elected directors or supervisors decide to relinquish their posts, they shall notify the labor union in writing before the convention of the first directors’ or supervisors’ meetings. Their vacancies shall be filled in order by the alternate directors or supervisors.
Article 18
When a director or a supervisor of the labor union is disqualified by the final ruling of a court, or is discharged by a labor union in accordance with its charter, his (or her) action undertaken shall remain valid before the effective date of such a disqualification ruling or discharge.
When the labor contract of a director, supervisor, member representative or member of the labor union is terminated by the employer, his or her qualification shall be retained if the charter of labor union has one of the following situations:
1. Application filed with the competent authority for mediation, arbitration or decision on unfair labor practices is in progress.
2. Application for a provisional injunction to maintain a temporary status quo has been filed with and approved by the court.
3. Lawsuit for ascertaining employment relationship or requesting payment of wages agreed upon in the labor contract have been filed with the court, and the court is not yet decided.
If provisions referred to the preceding paragraph are not stipulated in the charter of labor union, the qualification of the person referred to the preceding paragraph shall be retained if a resolution is made by the general meeting of members or member representatives in case that any one of the situations referred to the preceding paragraph occurs.
Article 19
When an alternate director or supervisor fills in a vacant position, his (or her) term of service shall be limited to serve out the remainder of the original term of service.
In case that a labor union has filled in the vacancies of directors and supervisors in accordance with the preceding paragraph, but still cannot make the quorum as stipulated in the union charter to convene a directors’ or supervisors’ meeting, it shall hold an additional election to fill in the vacancy. The newly elected directors or supervisors are to serve out the remainder of the original terms of service of former directors or supervisors.
Article 20
When a labor union is to hold an election to fill in the vacant position of its chairperson of the board of directors, chairperson of the board of supervisors, or his (or her) substitute, it shall be held in accordance with the union charter.
In case that the union charter is silent on the fill-in election referred to in the preceding paragraph, and the remaining term of service of the chairperson of the board of directors or supervisors is more than a quarter of the full term of service as stipulated in the union charter, the fill-in election shall be held within ninety days of the date when the position becomes vacant. The person so elected shall serve out the remaining of the original term of service of the chairperson of the board of directors or supervisors. If the remaining term of service is less than a quarter of the full term of service as stipulated in the union charter, the substitute for the vacant position of the chairperson shall be elected among directors or supervisors themselves. When the union charter is silent on the election of such a substitute, a fill-in election shall be held within ninety days of the date when the position becomes vacant.
Article 21
Industrial groups or commercial groups referred to in Paragraph 2 to Article 19 of the Act denote to groups that are established in accordance with the Industrial Groups Act and the Commercial Groups Act.