Article 2
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.
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Article 3
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.
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Article 8
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.
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Article 9
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.
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Article 10
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.
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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.
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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.
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Article 25
The “consent of its members” referred to Paragraph 3 to Article 28 of the Act indicates one of the following situations:
1. Consent of individual member.
2. Resolution of the general meeting of members or member representatives.
3. Provision in the labor union charter.
4. Clause in the collective agreement.
5. Agreement or customary practice to check-off dues between the labor union and the employer.
If any one of the situations referred to subparagraphs of the preceding paragraph had existed between the labor union and the employer before the Act becoming effective on May 1, 2011, no consent shall be acquired again.
With the consent of individual members, and a contract or a collective agreement between an industrial labor union or a professional labor union and the employer contains a due check-off clause, the employer shall deduct due from an employee’s wages and transfer it to the labor union.
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Article 32
The term “labor union businesses” shall include the following activities:
1. Handling such business affairs of the labor union as convening meetings, conducting election or providing members with education and training, processing labor-management disputes for members, or engaging in other daily business affairs,
2. Engaging in or participating in labor-related or labor union business-related activities or meetings as designated or held by the competent authorities or the competent business-related authorities,
3. Taking part in labor-related or labor union business-related activities or meetings held by the confederation of labor unions which they are affiliated with, and
4. Handling other business affairs as agreed with the employer.
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Article 40
When a labor union has not elected chairpersons of its board of directors and board of supervisors before the implementation of the Act on May 1, 2011, it shall elect chairpersons of its board of directors and board of supervisors after the expiration of its current term of service of its directors and supervisors in accordance with Paragraphs 3 and 4 to Article 17 of the Act. The term of service of chairperson of board of directors of the labor union shall be counted as the first term.
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Article 41
The Rules shall become effective on May 1, 2011.
The amendments of the Rules shall become effective on the date of promulgation.
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