Organizational Act of the Council of Labor Affairs of the Executive Yuan
1.中華民國七十六年七月十三日總統(76)華總一義字第 2496 號令制定 公布全文 28 條 中華民國七十六年七月十七日行政院(76)台人政貳字第 19600 號令 發布本條例自七十六年七月十七日起施行 2.中華民國一百零四年六月二十四日總統華總一義字第 10400073941 號 令公布廢止
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This Act is enacted for the Executive Yuan to establish the Council of Labor Affairs in the Executive Yuan (hereinafter referred to as the "Council") to administer nationwide labor affairs.
The Council shall have the responsibility to direct and supervise competent provincial (municipal) authorities in carrying out their administration of matters governed by the Council.
The Council may report to Executive Yuan to stop or revoke any decrees or dispositions made by provincial (municipal) government of matters governed by the Council.
1The Council shall have the following Departments and offices:
21.Department of Labor Relations
32.Department of Labor Standards
43.Department of Labor Welfare
54.Department of Labor Insurance
65.Department of Labor Safety and Health
76.Department of Labor Inspection
87.Department of Planning
98.The Secretariat
Bureau of Employment and Vocational Training is to be established by the Council and to be responsible for vocational training, skill certification, and employment service and Guidance in the nation, and the organization of which shall be prescribed by law.
1The Department of Labor Relations shall be in charge of the following matters:
21.Formulation and amendment of laws and regulations of labor relations
32.Registration of labor organizations
43.Support and supervision of labor organizations
54.Promotion of labor-management cooperation
65.Direction and supervision on the settlement of industrial disputes
76.Liaison, cooperation, and activity arrangements with international labor organizations
87.Other matters related to labor-management relations
1The Department of Labor Standards shall be in charge of the following matters:
21.Formulation and amendment of labor conditions and standards
32.Study and discussion on the adjustment of the basic wages
43.Protection of the basic wages and arrear wage debts
54.Guidance in the promotion of establishing standards of working hours, recesses and leaves
65.Special protection of child laborers, female workers and apprentices
76.Supervision on the promotion of labor retirement systems
87.Management and guidance of foreign laborers
98.Other matters related to labor standards
1The Department of Labor Welfare shall be in charge of the following matters:
21.Planning and guidance in labor welfare
32.Planning and guidance in leisure and entertainment activities for workers
43.Planning on the construction of labor housing
54.Planning and implementation of labor education
65.Study on the improvement of living standard for laborers
76.Planning and implementation of welfare for youth and female workers
87.Support to organizations of labor welfare and labor education
98.Other matters related to labor welfare
1The Department of Labor Insurance shall be in charge of the following matters:
21.Planning, guidance and supervision of labor insurance against ordinary incidents
32.Planning, guidance and supervision of labor insurance against occupational injuries and diseases
43.Study, planning, direction and supervision of labor insurance against unemployment
54.Guidance and supervision of labor insurance institutions
65.Study and improvement of labor insurance
76.Other matters related to labor insurance
1The department of Labor Safety and Health shall be in charge of the following matters:
21.Formulation and amendment of standards for labor safety and health
32.Study and analysis on prevention of occupational accidents
43.Study and experiment on labor safety and health
54.Workplace environmental monitoring
65.Training on education of labor safety and health
76.Support to organizations of labor safety and health
87.International liaison in respect of labor safety and health
98.Other affairs related to labor safety and health
1The Department of Labor Inspection shall be in charge of the following matters:
21.Planning, commanding, supervising, checking and evaluation of labor inspection
32.Investigation, verification, and management of occupational disasters
43.Performing inspection of hazardous machinery and equipment in acting capacities
54.Promotion of autonomous inspection by business entities
65.Selecting, training, and verification of labor inspectors
76.Support to institutions providing service of labor safety and health
87.Other matters related to labor inspection
1The Department of Planning shall be in charge of the following matters:
21.Study and suggestions on labor policies
32.Formulation and coordination of laws and regulations related to labor affairs
43.Planning of labor administration schemes
54.Formulating, control and evaluation of annual administration guidelines, administration plans, and compiling of work reports of the Council
65.Handling national compensation cases
76.Professional training for labor administration personnel
87.Study, development and improvement of business concerning labor administration
98.Planning of labor manpower
109.Other matters related to the planning of comprehensive labor administration
1The Secretariat shall be in charge of the following matters:
21.Safekeeping the Seal of the Council
32.Drafting, reviewing, receiving/dispatching, transcribing/proofreading, and preserving documentation, and examining and inquiring of official documents
43.Public relation and press release matters
54.Receiving, disbursing and safekeeping public funds
65.Procurement, safekeeping, and maintenance of properties and articles
76.Conferencing commissioner meetings and work sessions of supervisory officials
87.Compiling, printing, and issuing gazettes
98.Administrative matters
109.Taking commands from the Minister and Deputy Ministers
The Council is headed by the Minister, with the rank of Special Appointment, to supervise overall operation of the Council. The Minister is assisted by two Deputy Ministers, one of which is with rank equivalent to Level 14 of the Selected Rank, and the other is with Level 14 of the Selected Rank.
The Council is comprised of seven to eleven commissioners, who shall be selected and engaged by the Executive Yuan and each serves a term of two years without pay.
1In meetings of the commissioners, the Council shall be charged with the disposition of matters regarding the following:
21.Deliberation of labor policies
32.Deliberation and review of the administration plans of labor affairs
43.Deliberation of matters arising from labor acts and regulations
54.Review of proposals made by Minister or any of commissioners
The Council shall hold Commissioner Meting on a monthly basis while special meetings can be held when necessary. The said meetings are to be chaired by the Minister. In case of absence, Minister may appoint one of the Deputy Ministers to sit in.
The Council shall have one Chief Secretary, two Supervisory Technicians, five Counselors and seven Department Directors, each to be ranked at Level 10 to 12 of the Selected Rank; one Office Director, seven Department Deputy Directors, and six to twelve Senior Executive Officers, each to be ranked Level 10 to 11 of the Selected Rank; three to five Secretaries, nine to fifteen Senior Technicians, six to ten Inspectors, each to be ranked at Level 7 to 9 of the Recommended Rank, out of which two Secretaries, two Senior Technicians, and two Inspectors may have ranks from Level 10 to 12 of the Selected Rank; twenty seven to forty three Section Chiefs, each to be ranked at Level 9 of the Recommended Rank; eleven to nineteen Specialists, four to eight Reviewers, each to be ranked at Level 7 to 9 of the Recommended rank; twenty one to thirty nine Technicians, fifty one to eighty seven Staffers, each to be ranked at Level 4 to 5 of the Recommended Rank, out of which, ten Technicians and twenty three staff members may have ranks from Level 6 to 7 of the Recommended Rank; fifteen assistant technicians and twenty five Clerks, each to be ranked at Level 3 to 4 of the Designated Rank; twenty to thirty four Associate Clerks, each to be ranked at Level 1 to 3 of the Designated Rank.
1The Council shall have a Personnel Office to be headed by an Office Director and assisted by a Deputy Office Director, each to be ranked at Level 9 to11of the Selected Rank, who shall administer personnel management and assessment affairs according to law.
2Personnel to staff the Personnel Office shall be assigned within the personnel quota prescribed herein.
1The Council shall have an Accounting Office to be headed by an Accounting Director with the rank of Level 9 to 11 of the Selected Rank to administer annual budgeting and accounting affairs according to law.
2Personnel to staff the Accounting Office shall be assigned within the personnel quota prescribed herein.
1The Council shall have a Statistics Office to be headed by an Statistics Director with the rank of Level 10 to 12 of the Selected Rank, and assisted by a Deputy Statistics Director with the rank of Level 10 to 11 of the Selected Rank, to administer investigation, statistics, study and analysis of labor affairs according to law.
2Personnel to staff the Statistics Office shall be assigned within the personnel quota prescribed herein.
All personnel in the Council with levels and ranks shall acquire the status to serve as public servants according to the Appointment Act of Civil Servants.
The Council may establish research institute for occupational safety and health and labor study, the organization of which is to be stipulated separately by other laws.
In order to fulfill requirement of administrative operation, the Council may establish various committees after being approved by the Executive Yuan. Committee members shall not be paid. Staff members needed shall be assigned within personnel quota herein.
In order to fulfill requirement of administrative operation, the Council may invite five to seven scholars and experts to work without pay as advisors or consultative members after being approved by the Executive Yuan.
Classifications of titles of personnel with official ranks prescribed in Articles 14, 18 and 21 hereof shall be determined in accordance with applicable title classifications provided in
Meeting directions and operational regulations of the Commission shall be formulated by the Commission and submitted to the Executive Yuan for approval.
The date for this Act to come into force shall be decided by the Executive Yuan.