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Chapter Ⅳ Decision on the Unfair Labor Practices
Article 39
Worker(s) may apply to the Central Competent Authority for a decision on any dispute referred to in Paragraph 2 to Article 35 of the Labor Union Act.
The application for a decision referred to in the preceding paragraph shall be submitted within ninety days after the day when the worker(s) is aware of the violation of Paragraph 2 to Article 35 of the Labor Union Act or when the violation has occurred.
Article 40
An application for a decision on the unfair labor practices shall be submitted in writing and the following items shall be included:
1. Names, gender, age, occupations and residences or domiciles of the parties; in case that the parties are juristic persons, employer organizations or labor unions, their names, persons in charge, offices or places of business; and names, residences, domiciles or offices of agents, if any.
2. Matters requested to be decided and their reasons and facts.
Article 41
When an application filed for a decision in accordance with Paragraph 2 to Article 35 of the Labor Union Act is in violation of Paragraph 2 to Article 39 and the preceding article of the Act, the Board shall make a decision of dismissal. However, if the situations of violation can be corrected, the applicant shall be ordered to make the correction within a given period.
The applicant cannot claim to review the decision of dismissal referred to in the preceding paragraph.
Article 42
When a party applies for a decision on civil lawsuits pursuant to Paragraph 2 to Article 35 of the Labor Union Act, the court shall, ex officio, stay the civil procedures before the conclusion of the decision-rendering procedures.
The court may still continue the mediation procedures for a lawsuit which is filed within the given period prescribed in Paragraph 2 to Article 39 and is deemed as an application for mediation in accordance with the Code of Civil Procedures.
An application for a decision, unless it is withdrawn, shall have the same effect as filing a lawsuit with the court, and tolls the statute of limitations.
Article 43
The Central Competent Authority shall organize a Board for Decision on the Unfair Labor Practices (here-in-after referred to as the Board).
The Board shall act impartially and exercise its powers independently.
The Board shall have seven to fifteen members, as appointed by the Central Competent Authority from professionals familiar with labor statutes and regulations and labor-management relations, who shall hold office on a part-time basis for a term of office for two years, including 1~3 members serving as standing members. Board members shall elect one among themselves as the Chair of the Board.
The central authority shall designate or hire a professional staff to execute the orders given by the chair of the board to assist with procedural review, issue coordination and data collection for the issue to be determined. For the designated or hired person possessing a professional license, his or her service years shall be counted toward the seniority of professional practice.
Organization of the board, qualifications and requirements of board members, selection method, procedure of relevant matters to be dealt with by the board, transfer, designation, selection or appointment of the employee indicated in the preceding paragraph, and regulations governing other applicable matters shall be determined by the central competent authority.
Article 44
The Central Competent Authority shall convene a meeting of the Board within seven days of receiving the application for decision.
The Board shall assign one to three members to find, ex officio, the facts and necessary evidences, and shall make a fact-finding report within twenty days of their assignment; the time limit can be extended by twenty days if necessary.
When member(s) of the Board conducts the fact-finding or the Board meeting is convened, the Central Competent Authority shall notify the parties, persons or business entities concerned to provide oral or written statements; if necessary, the member(s) may enter into the business entity concerned for interviewing and finding with the approval of the Central Competent Authority.
The persons being notified or interviewed as referred to in the preceding paragraph shall not make false statements, provide false information or refuse to explain without justifiable reasons.
If the applicant is notified to make statement at the Board meeting in accordance with Paragraph 3 and is absent twice without justifiable reasons, the application shall be deemed as being withdrawn; if the counterparty is absent twice, the Board may make the decision based upon the statement of the party who is present.
If the parties to the decision are consent with a written settlement by themselves or a mediation plan made by a legal mediation authority on the same dispute, the Board shall make a decision of dismissal.
Article 45
The Chair of the Board shall convene a board meeting within seven days when the board members made the fact-finding report, and the Board shall make the decision within thirty days on the date of meeting. However, with the consent of one-half or more of the board members who shall attend, the deadline can be extended by thirty days.
Article 46
The decision shall be made only when no less than two-thirds of the members attend the meeting and no less than one-half of the attending members agree; prior to making the decision, the parties shall make oral statements.
The board members shall attend the meeting in person, and shall not attend by proxy.
The standards of remuneration for the board members to review the cases shall be prescribed by the Central Competent Authority.
Article 47
A decision award shall include the following items:
1.Names, residences or domiciles of the parties, or in case that the parties are juristic persons, employer organizations or labor unions, their names, persons in charge, main offices or principal places of business.
2. Names, residences, domiciles or offices of agents, if any.
3. Holdings.
4. Facts.
5. Reasons.
6. Names of the Chair and attending board members.
7. Year, month and date.
After the Board makes a decision, the Central Competent Authority shall deliver the decision award to the parties within twenty days.
Article 47-1
The Central Competent Authority shall disclose the decision award by periodic publication or posting the same on its website, or in any other appropriate manner, provided that where the decision award contains any information restricted from disclosure or not made available pursuant to the Freedom of Government Information Law, only the parts other than such information may be disclosed.
The disclosure referred to in the preceding paragraph may exclude a natural person’s given name, ID No. and other information sufficient to identify the person, provided that the natural person’s family name and any designation that is sufficient to identify the person shall be disclosed.
Article 48
For the decision made for the civil dispute that is pursuant to Paragraph 2 to Article 35 of the Labor Union Act, in case that one of the parties does not, within thirty days after the original copy of the decision has delivered, files a civil lawsuit to the court and suits the other party concerned as the defendant with the same civil dispute covered by the original decision, or withdraws his/her lawsuit which had been filed, it shall be deemed that both parties have reached a consent in accordance with the decision award.
When both parties have reached consent as referred to in the preceding paragraph, the decision award shall be sent to the court where the Board is located for approval within seven days after the expiration of the given period referred to in the preceding paragraph.
If the court decides that the decision award referred to in the preceding paragraph is not in violation of statutes or regulations, it shall approve and return the decision award to the Board for delivery to the parties.
If the court decides that the procedures or contents of the decision are in violation of statues or regulations and does not approve it accordingly, it shall inform the Board of its reasons. However, if the violation can be corrected, the Board shall be ordered to make the necessary correction within a given period.
If a decision approved by the court shall be null and void or can be revoked with causes, any party may file a lawsuit to the court that approved the decision to proclaim that the decision is null and void or shall be revoked.
A party shall file the lawsuit referred to in the preceding paragraph within thirty days after the delivery of decision award approved by the court.
Article 49
A decision referred to in Paragraph 2 of the preceding article that is approved by the court shall have the same effect as a final civil ruling.
Article 50
If a party makes a request based upon a decision pursuant to Paragraph 1 to Article 48 and intends to secure the compulsory execution or prevent the damage from worsening, the party may apply to the court for provisional attachment or provisional injunction prior to the approval of decision award by the court.
The creditor filing the application referred to in the preceding paragraph may use the decision as a statement to replace the reason for provisional attachment or provisional injunction, and the court shall not order the creditor to provide a guarantee for the provisional attachment or provisional injunction.
Provisions concerning provisional attachment or provisional injunction in the Code of Civil Procedures, except for Article 529 shall apply, mutatis mutandis, to situations referred to in the preceding two paragraphs.
A party may apply to the court for revoking the ruling of provisional attachment or provisional injunction in case that the decision award is not approved by the court.
Article 51
The procedures for decision application filed in accordance with Paragraph 1 to Article 35 of the Labor Union Act and Paragraph 1 to Article 6 of the Collective Agreement Act shall apply, mutatis mutandis, to Articles 39, Article 40, Paragraph 1 to Article 41, and Articles 43 to 47 of the Act.
The decision referred to in the preceding paragraph may include ordering the parties to take or not to take certain action.
The party that claims objection to the decision of dismissal referred to in the first paragraph may file a written administrative appeal pleading through the Central Competent Authority to the Executive Yuan within thirty days on the following day of receiving the decision.
The party that claims objection to the decision referred to in Paragraphs 1 and 2 may file an administrative litigation within two months on the following day of receiving the decision.
Article 52
Article 32 shall apply, mutatis mutandis, to the decision procedures.