勞工訴訟輔助辦法

These Regulations are prescribed for the purposes of effectively resolving labor disputes and providing workers with litigation aid.

1The litigation aid provided in these Regulations is as follows:

21. In cases where the worker initiates an action under one of the circumstances as provided in Article 4: the attorney's fees for the first through the third court instances, the provisional remedies proceeding, the demand proceeding, and the compulsory execution proceeding.

32. In cases where the worker applies for provisional attachment under the circumstance as provided in Article 7: the promissory note issued by this Council.

43. In cases where the worker lacks financial means to pay the litigation expenses under the circumstance as provided in Article 9: the certificate to such effect issued by this Council.

1In cases where there are three workers or more who sue or are sued by the same employer business entity or its branch for the same transaction or occurrence, they shall apply for litigation aid as a collective body.

2The application provided in the preceding paragraph can be made once and only once.

1In cases where the worker sues or is sued on the grounds of any of the following, he/she may apply for litigation aid for attorney's fees from the Council of Labor Affairs, Executive Yuan (hereinafter "this Council") except in cases where there is manifestly no prospect for such worker to prevail or no substantial benefit from such litigation:

21. The same business entity or its branch terminates the labor contracts as a result of the closure of the plant or business and the employer fails to make severance or retirement payments in accordance with the Labor Standards Law and the applicable laws or regulations;

32. The same business entity or its branch has terminated the labor contracts with twenty or more workers within a period of six months and the employer fails to make severance or retirement payments in accordance with the Labor Standards Law and the applicable laws or regulations;

43. The worker suffers injury, sickness, incapacity or death in an occupational accident and the employer fails to pay workers compensation in accordance with the Labor Standards Law and the applicable laws or regulations;

54. Where the member of the general council, supervisory council, or the delegate to the general meeting of the labor union, or the promoter or the organizer of the preparatory office of the labor union is unlawfully discharged and the mediation of such discharge in accordance with the Settlement of Labor Disputes Law fails.

1The litigation aid for attorney's fees shall be provided on the following scale:

21. For individual applications, a maximum of 40,000 New Taiwan Dollars [NTD] for each court instance and a total of not more than NTD120,000 for each case;

32. For collective applications, a maximum of NTD100,000 and a total of not more than NTD300,000 for each case;

43. For provisional remedies proceeding, a maximum of NTD30,000 for each case;

54. For demand proceeding, a maximum of NTD10,000 for each case;

65. For compulsory execution proceeding, a maximum of NTD40,000 for each case.

1The worker applying for litigation aid for attorney's fees to this Council shall submit the application form with the power of attorney issued to his/her advocate, the receipt of the attorney's fees paid, the attorney's fees schedule as prescribed by the local bar association and the following documents:

21. Where such application is made for the first court instance: the complaint;

32. Where such application is made for the second or third court instance: the appeal or answer pleading and the xeroxed copy of the written decision rendered by the court of first or second instance;

43. Where such application is made for the provisional remedies proceeding: the application pleading for provisional attachment or provisional injunction and the xeroxed copy of the court ruling;

54. Where the application is made for the demand proceeding: the application pleading for payment order and the xeroxed copy of the court ruling;

65. Where the application is made for the compulsory proceeding: the application pleading for compulsory execution and the xeroxed copies of relevant evidencing documents.

7The application provided in the preceding paragraph shall be dismissed where the applicant fails to make necessary rectification after being notified to do so.

1Where more than 200 plaintiffs have initiated an action claiming damages for injury, sickness, incapacity or death of workers resulted from the employer's violation of the Labor Safety And Health Act and such plaintiffs lack financial means to provide security for provisional attachment, they may request this Council to issue a promissory note in lieu of such security, except in cases where there is manifestly no prospect for such plaintiffs to prevail or no substantial benefit from such litigation.

2The amount of security provided by the promissory note provided in the preceding paragraph shall be no more than NTD10,000,000.

1The worker applying to this Council for the promissory note provided in the preceding article shall submit the following documents:

21. The application form;

32. The xeroxed copy of the application pleading for provisional attachment;

43. The xeroxed copy of the court ruling;

54. The xeroxed copy of relevant documents showing the employer's violation of the Labor Safety and Health Act.

6The application provided in the preceding paragraph shall be dismissed where the applicant fails to make necessary rectification after being notified to do so.

Where more than 200 plaintiffs initiate an action claiming the retirement or severance payments which the employer fails to pay in accordance with the Labor Standards Law and the applicable laws or regulations after the same business entity or its branch terminates the labor contracts as a result of the closure of the plant or business and such plaintiffs lack financial means to pay the litigation expenses, they may request this Council to issue the certificate to such effect, except in cases where there is manifestly no prospect for such plaintiffs to prevail or no substantial benefit from such litigation.

1The worker applying to this Council for the certificate provided in the preceding article shall submit the following documents:

21. The application form;

32. The xeroxed copy of the complaint;

43. The xeroxed copy of labor dispute mediation (conciliation) record;

54. The xeroxed copy of the document proving the income tax exemption status of the household of the applicant, the original copy of the certificate of poverty issued by the head of the village (or the head of the subdivision of the district) or the xeroxed copy of the certificate of unemployment issued by a public employment service institution.

65. Other documents proving lack of financial means to the satisfaction of this Council.

7The application provided in the preceding paragraph shall be dismissed where the applicant fails to make necessary rectification after being notified to do so.

1This Council shall set up a Review Board to review the applications for litigation aid. The Review Board shall be composed of a chairperson, who shall be appointed by this Council and also a member of such Board, and six members among whom four shall be scholars/experts and the other shall be staff of this Council. The term of office for scholars/specialists as members shall be two years.

2The members of the Review Board shall exclude themselves from reviewing the application in accordance with the provisions of Articles 32 and 33 of the Administrative Procedure Act.

1An effective meeting of the Review Board must be attended by the majority of the members.

2Each member shall attend the meeting personally and shall not delegate such duty to another person. Where the chairperson cannot preside the meeting, he/she may appoint another member to preside on his/her behalf.

3The membership is a position without official payments. Notwithstanding, the scholars/specialists may receive attendance fees in accordance with the applicable regulations.

The expenses necessary for implementing these Regulations shall be provided in accordance with the budgeting procedure.

The forms and documents required in these Regulations shall be prescribed by this Council.

The worker who has obtained litigation aid from the local government may not apply to this Council for litigation aid of the items reimbursed by the litigation aid received from the local government.

1In case of any of the following, the promissory note issued by this Council shall lose its effect and the worker or his/her agent shall return such note accordingly:

21. The reason for providing security has vanished;

32. The beneficiary of the security failed to exercise his/her rights after being notified to do so by the provider of the security in accordance with the applicable laws after the conclusion of the action;

43. The application for execution of provisional attachment is withdrawn before such execution is performed;

54. The beneficiary discharges this Council from the duty of guarantee.

These Regulations shall come into force from the date of promulgation.