◎ Central Government: the Council of Labor Affairs of the Executive Yuan
１．In regard tothe draft and amendment on regulations of the labor relation;
２．In regard tothe registration of the organization for the labor groups;
３．In regard tothe counsellingand supervisionof the labor groups;
４．In regard topromotionfor the cooperation between labor and capital;
５．In regard tothe guidance and supervision of handling the labor disputes;
６．In regard tothe matters on international labor connection, cooperation and activities;
７．Other matters in regard to labor relations.
◎ Local Government: the municipal city governments, the county/city governments
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Introduction to the Processing of Labor Dispute
◎ Application: It applies to the labor disputesoccurring between employersor the
employer groups and workers or labor groups.
１．Labor-management disputes:
refer to labor-management disputes over rights and adjustment disputes.
２．Rights disputes:
refer to labor-management disputes over the rights and obligations under the laws,
regulations, collective agreements, or employment contracts between employers and
workers.
３．Adjustment disputes:
refer to labor-management disputes between employers and workers with respect to
whether to maintain or change the terms and conditions of employment.
４．Conciliation:
In the event any party to a labor-management disputeapplies for conciliation, the application
form for conciliation shall be submitted to the competent authority of the municipality
or the county (city). The competent authority of the municipality or city (county) shall
set up a Conciliation Commissionto handle the labor-management dispute within 7 days
of receipt of the application form for conciliation or upon the authority's submission of
the dispute for conciliation ex officio. The conciliation proposal made by the Conciliation
Commission shall be successful concluded upon the parties' agreement to sign the
conciliation records. If the parties to the labor-management dispute object to the
conciliation proposal made by the Conciliation Commission, the conciliation is deemed
to have foundered.
５．Arbitration:
In the event the conciliation for an adjustmentdispute founders, the parties may jointly
apply for arbitration to the Arbitration Commission to handle the labor-management
dispute. The competent authority of the municipality or the county (city) concludes that
the dispute affects the public's lives and interests substantially, or upon the request of
the competent authority supervising the business, the competent authority of the
municipality or the county (city) may submit the dispute for arbitration ex officio and
notify the parties.
With the parties' mutual consent, the parties may file for arbitration for an adjustment
dispute with the competent authority of the municipality or the county (city) without
conciliation first.
An application form for arbitration on an adjustment dispute shall be submitted to the
competent authority of the municipality or the county (city).
The competent authority of the municipality or the county (city)shall set upan arbitration
commissionto handle the adjustment dispute within 5 days of receipt of the application
form for arbitration.
After the Arbitration Commission concludes the arbitration award, the arbitration award
shall be reduced within ten days, and be reported to the competent authority for delivery
to the parties to the labor dispute.
If the parties to the labor-management dispute settle the dispute during the arbitration
procedure, the letter of settlement shall be submitted to the Arbitration Commission and
the competent authority of the municipality or the county (city) for records.
The arbitration procedure can conclude upon receipt of the letter of settlement by the
Arbitration Commission and the competent authority of the municipality or the county
(city). The settlement has the same effect as successful conciliation set out in this law.
The parties to thelabor-management dispute shall not apply for review on the arbitration
award rendered by the Arbitration Commission.
The arbitration award referred to in the preceding paragraph is deemed a contract
between the parties to the dispute. If one of the parties is a labor union, the arbitration
award is deemed a collective agreement between the parties.
