勞資爭議仲裁辦法

The Regulations are prescribed in accordance with Paragraph 2 to Article 26 of the Act for Settlement of Labor-Management Disputes (here-in-after referred to as the Act).

1The parties to a labor-management dispute shall prepare a written application for arbitration and submit it to the competent authority.

2When the competent authority receives the application for arbitration referred to in the preceding paragraph, it shall explain to the applicants the arbitration procedures and the following matters:

31. They may choose either the way of using an arbitrator with full authority or an arbitration committee to arbitrate; however, when one party to the dispute applies for a handed-over arbitration, the dispute can only be arbitrated by an arbitration committee.

42. They may request the arbitration committee or the arbitrator with full authority to state their identities and qualifications.

53. They may request the competent authority to provide the name list of the arbitrators with full authority or members of arbitration committee for them to review.

64. In case that after choosing the way of arbitration referred to in Item 1, if the arbitrator with full authority or the members of arbitration committee cannot be appointed within a given period, the competent authority may make the designation on their behalf.

75. In case that the parties are in agreement to apply for arbitration, the expenditure required to pay for the expert opinions from the third party or institution(s) if necessary.

8The arbitration application forms provided by the competent authority shall include contents prescribed in the preceding paragraph.

1In case that an application for arbitration has one of the following situations, the competent authority shall order the applicant to correct within a given period. If the correction cannot be made after the expiration of the period, the application shall not be accepted:

21. When one of the parties is not consistent with one of the following requirements:

3(a) Being a natural person.

4(b) Being a juristic person.

5(c) Being an unincorporated organization with a person in charge or an administrator.

6(d) Being an administrative agency.

7(e) Being a subject with rights and obligations in accordance with other statutes.

82. When the application is filed by an agent without full authority.

93. When the application is inconsistent with the required procedures and formalities or inadequate with other requirements.

1In case that both parties have agreed in writing to apply for arbitration and one party raises the issue whether this written agreement does exist, the municipal or county (city) competent authorities (here-in-after referred to as the local competent authorities) shall interpret this agreement with the principle of promoting the effectiveness of it.

2In case that the documents, correspondences, faxes, telegrams or other similar forms of communications between the two parties can prove that they have agreed to arbitrate, it shall be regarded that this agreement does exist

Before the competent authority designates a member to replace the original member of the arbitration committee in accordance with Paragraph 2 to Article 34 of the Act, it shall listen to the opinion of the party who selects the replaced member of the arbitration committee.

The labor side of the dispute that applies for arbitration in accordance with Paragraph 2 to Article 25 of the Act shall be a labor union.

In case that the competent authority decides to hand over the dispute for arbitration ex officio in accordance with Paragraphs 2 and 4 to Article 25 of the Act, it shall notify both parties to select members of the arbitration committee in accordance with Paragraph 1 to Article 29 of the Act, and then organize the arbitration committee and explain the arbitration procedures.

1The competent authority may appoint a person who is familiar with labor-management relations and with one of the following qualifications to be a member of arbitration:

21. Person who has served or is currently serving as an arbitrator with　　full authority in a domestic or foreign arbitration institution.

32. Person who has served or is currently serving as a judge, public prosecutor for no less than three years.

43. Person who is an attorney-at-law or other with professional or technical practice in accordance with related statutes for no less than three years.

54. Person who has served or is currently serving as an assistance professor or above at universities or colleges certified by the Ministry of Education for no less than three years.

65. Person who has served in a government agency assuming administrative duties and held a position above the Grade Nine for no less than three years.

76. Person who has served or is currently serving one of the following positions for no less than five years:

8

1The chief member of arbitrator committee shall have one of the following qualifications:

21. Person who has served or is currently serving as a labor arbitrator with full authority in a domestic or foreign arbitration institution for no less than three years.

32. Person who has served or is currently serving as a judge, public prosecutor for no les than ten years.

43. Person who is an attorney-at-law, or others with professional or technical practice in accordance with related statutes for no less than ten years.

54. Person who has served or is currently serving as an assistant professor or above at universities or colleges certified by the Ministry of Education for no less than ten years.

65. Person who has served in a government agency assuming administrative duties and held a position above the Grade Nine for no less than ten years.

76. Person who has served or is currently serving one of the following positions for no less than ten years.

8a. With a position above the level of manager who represents the employer to handle labor affairs in a business entity with more than fifty employees.

1A person with one of the following situations is not qualified to be appointed as a member of arbitration committee:

21. Person who has been declared as suspending civic rights which have not yet being restored.

32. Person who has been declared as bankruptcy which has not yet being restored.

43. Person who has started to undergo liquidation procedures in accordance with the Statute for Consumers’ Debts Clearance and his/her financial transaction rights have not yet being restored.

54. Person who has been declared under guardianship or supervision and the declaration has not yet being revoked.

65. Person who is a minor.

1The competent authority shall prepare a name list of members of arbitration committee including the following items:

21. Name, age and gender.

32. Educational attainment and experiences.

43. Current position and job.

54. Expertise.

65. Experience of handling labor-management relations.

76. Date of appointment.

8The competent authority shall publicly announce the name list of members of arbitration committee before the end of May each year.

1The term of service of members of arbitration committee shall be three years each term.

2In case that the local competent authority appoints a new member during a term, his/her term of service shall be until the term of service of other incumbent members is expired.

1When the local competent authority designates members of arbitration committee or the chief member of arbitrator committee in accordance with Paragraph 2 to Article 29 of the Act, it shall make the designation from the name list of members of the arbitration committee.

2In case that a dispute is handed over for arbitration in accordance with Paragraph 2 to Article 25 of the Act, and the parties to the dispute cannot jointly select one or three members of the arbitration committee or the members cannot select a chief among themselves in accordance with Paragraph 4 to Article 30 of the Act, the Central Competent Authority shall designate them from the name list of arbitration committee.

1In case that parties to a dispute regard that a member of arbitration committee has the causes for recusal as prescribed in Paragraphs 1 and 2 to Article 32 of the Act, they may apply that member to recuse.

2The application referred to in the preceding paragraph shall provide and submit reasons and facts to the concerned competent authority with appropriate explanation. For the member whom the application for recusal is filed with, he/she may offer a written opinion toward the application.

3The competent authority shall take an appropriate action in response to the application within ten days referred to in Paragraph 1 unless there is a justifiable reason exists.

4When a member of the arbitration committee is filed with the application for recusal, the arbitration procedure shall be suspended before the competent authority makes the decision to approve or reject the application. However, if an urgent circumstance occurs, the competent authority shall take necessary action.

5In case that a member of arbitration committee has the causes prescribed in Paragraphs 1 and 2 to Article 32 of the Act and still refuses to recuse, and the parties to the dispute have not filed the application for recusal, the competent authority shall take ex officio action and order him/her to recuse.

Members of arbitration committee shall proactively state their status and qualifications to the parties to the dispute before the commencement of arbitration procedures.

1In case that an appointed member of arbitration committee has one of the following situations, the competent authority shall dismiss the member after examination and confirmation of the facts:

21. In violation of Article 38 of the Act which applies, mutatis mutandis, Article 24 of the Act.

32. Having none of the qualifications prescribed in Articles 8, 9 and 18 of the Regulations.

43. Having one of the situations prescribed in Article 10 of the Regulations.

54. Refusing to recuse in accordance with Paragraph 5 to Article 14 of the Regulations.

6In case the a member of arbitration committee has one of the situations prescribed in Items 1, 3 and 4 of the preceding paragraph, he/she can no longer be a member of arbitration committee and the competent authority shall not appoint him/her again.

The competent authority shall pay members of arbitration committee the related fees for their attendance, transportation, fact-finding and writing and typing of arbitration awards.

1The competent authority may appoint a person who is familiar with labor-management relations and with one of the following qualifications to be an arbitrator with full authority:

21. Person who has served or is currently serving as an arbitrator with full authority in a domestic or foreign arbitration institution.

32. Person who has served or is currently serving as a judge, public prosecutor for no less than five years.

43. Person who is an attorney-at-law or other with professional or technical practice in accordance with related statutes for no less than five years.

54. Person who has served or is currently serving as an assistant professor or above at universities or colleges certified by the Ministry of Education for no less than five years.

65. Person who has served in a government agency assuming administrative duties and held a position above the Grade Nine for no less than five years.

Articles 10 to 17 of the Regulations shall apply, mutatis mutandis, to arbitrators with full authority.

1The parties to the dispute may file an opposition in case that the arbitration procedure is in violation of the Act, the Regulations, or the agreement between themselves to arbitrate. However, if the parties are aware of or presumably to be aware of the violation but still continue undergoing the arbitration procedure, the opposition is not allowed to file.

2The opposition referred to in the preceding paragraph shall be determined by the arbitrator with full authority or arbitration committee.

1In case that the parties to the dispute make one of the following assertions that are considered as without a justifiable reason by the arbitrator with full authority or arbitration committee, the arbitration procedure can still be processed and decision be made:

21. The agreement between the parties to arbitrate is not valid.

32. The arbitration procedure is not legal.

43. In violation of the agreement to arbitrate.

54. The agreement to arbitrate is irrelevant to the dispute to be decided.

65. The arbitrator with full authority or arbitration committee has no authority to arbitrate.

76. Other reasons that may cause to file a lawsuit to revoke an arbitration decision in accordance with Paragraph 3 to Article 37 of the Act.

1The term “unusual circumstances” prescribed in Paragraph 1 to Article 33 of the Act refers to one of the following situations:

21. In case that the person notified or interviewed refuses to make a statement or obstruct the fact-finding.

32. In case that the fact of dispute to be arbitrated is too complicated to complete the finding within ten days.

43. In case that other unusual circumstance makes it impossible to submit a fact-finding result within ten days.

5After the member who is assigned to find a fact submits the matters referred to in the preceding paragraph to the arbitration committee for making a resolution, the fact-finding period shall be extended.

1The arbitrator with full authority or arbitration committee to the dispute is required make an arbitration record which shall include the following items:

21. Matters that are prescribed in Article 10 of the Act shall be, mutatis mutandis, listed.

32. Date that the application for a hand-over arbitration of labor-management dispute is filed.

43. Date and duration of the arbitration meeting held, in case that more meetings are held, they shall be recorded in order separately.

54. Place where the arbitration meeting is held.

65. Assertions and statements made by the parties to the dispute.

76. Result of the fact-finding.

87. Opinions made by members of arbitration committee.

98. Outlines and the purpose of the arbitration meeting.

Prior to an arbitrator with full authority or arbitration committee making the arbitration decision, they may acquire expert opinions from a third party or other institutions, if necessary.

1The fees required for referred to in the preceding article shall be paid in accordance with the following ways:

21. In case that one party to the dispute applies for a hand-over arbitration, or ex officio, the fees shall be paid by the budget of the competent authority.

32. In case that the hand-over arbitration is requested by the competent authority of related business and ex officio, the fees shall be paid by the competent authority of related business.

43. In case that the parties to the dispute agree to apply for arbitration, the fees shall be paid mutually.

1In case that an arbitration committee is unable to make a arbitration decision by over one-half or third-fourths majority as prescribed in Article 34 of the Act, the arbitration procedure shall be conducted in accordance with the following requirements:

21. In case that the application for a hand-over arbitration is filed in accordance with Paragraphs 1 or 3 to Article 25 of the Act, the procedure shall be deemed as finalized. However, both parties to the dispute may agree to choose one of the following ways to arbitrate their dispute again:

3(a) Selecting an arbitrator with full authority with full authority.

4(b) Organizing an arbitration committee.

52. In case that the application for a hand-over arbitration is filed by　one party to the dispute in accordance with Paragraph 2 to Article 25 of the Act, the competent authority shall reorganize an arbitration committee in accordance with Article 29 of the Act and continue to conduct the arbitration procedures.

63. In case that the arbitration is handed over by the competent authority ex officio in accordance with Paragraph 4 to Article 25 of the Act, the competent authority shall reorganize an arbitration committee in accordance with Article 29 of the Act and continue to　conduct the arbitration procedures.

7

1After the arbitrator with full authority or arbitration committee has made an arbitration decision, an arbitration award shall be rendered within ten days and the following items shall be included:

21. 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.

32. Names, residences, domiciles or offices of agents, if any.

43. Names, nationalities, residences or domiciles of interpreters, if any.

54. Holdings.

65. Facts.

76. Reasons.

87. Names of the arbitrator with full authority, the chief member of arbitrator committee and members of the arbitration committee.

98. Year, month and date.

In case that one party to the dispute is not proficient in Chinese Mandarin, an interpreter may be hired during the arbitration procedures.

In case that the parties to the dispute do not make special arrangements regarding to the arbitration procedures, the Act shall apply. In case that the Act does not stipulate, the Arbitration Act shall apply mutatis mutandis.

Formats of related documents and forms referred to in the Regulations shall be prescribed by the Central Competent Authority.

1The Regulations shall become effective on May 1, 2011.

2The Amendment shall become effective on the date of promulgation.