文章分類Article
Labor and Management | How to Mediate Labor Disputes?
Purpose of the Labor Incident Act
The Labor Incident Act was enacted on November 9, 2018, and officially implemented on January 1, 2020. It is a special law specifically designed to address labor disputes, aiming to improve efficiency and fairness in resolving labor-management conflicts. This law applies to all labor incidents, including disputes over wage payments, work hours, gender equality, occupational injury compensation, and activities. Its primary goal is to protect the basic rights of workers while considering the operational needs of employers, facilitating negotiation and dispute resolution between both parties.
This law differs from the Labor Standards Act or other regulations related to labor rights. It systematically reforms the procedures for resolving labor disputes, offering more professional mediation and litigation mechanisms. Through specialized hearings and mediation procedures, it strengthens the protection of workers' disadvantaged positions while reducing litigation costs and time for both employers and employees.
How Can Labor and Management Conduct Mediation? What Are the Mediation Procedures?
Protection for Workers Under the Labor Incident Act
Lowering the Threshold for Workers to Litigate
Workers facing labor disputes often hesitate due to difficulties in providing evidence and high litigation costs. The Labor Incident Act significantly lowers this threshold through measures such as:
Reduction or Exemption of Adjudication and Enforcement Fees: Workers or unions filing lawsuits related to wages, pensions, severance pay, etc., are temporarily exempt from two-thirds of adjudication fees. At the enforcement stage, fees for claims exceeding NT$200,000 are also waived.
Expansion of Litigation Aid: Workers who meet the criteria for low-income or middle-to-low-income households, or those filing labor lawsuits due to occupational injuries, can apply for litigation aid and obtain court rulings exempting them from litigation fees. These measures effectively alleviate situations workers forgo litigation due to financial constraints.
Enhancing Workers'Equal Status in Proceedings
In traditional litigation procedures, employers often hold most of the evidence and resources, putting workers at a disadvantage. The Labor Incident Act enhances workers' procedural status through the following:
Obligation to Submit Documents: Employers must submit relevant documents or evidence as ordered by the court, or face fines or compulsory measures. This reduces the burden of proof on workers.
Presumption Principles for Wages and Work Hours: In wage disputes, workers only need to prove that the payments received were based on the labor relationship, which is presumed to constitute wages, shifting the burden of proof to employers if they deny it. Work hour disputes rely on attendance records, sparing workers from proving their working hours.
Fast and Professional Dispute Resolution Mechanisms
Previously, labor disputes often required lengthy procedures, delaying the realization of workers' rights. The Labor Incident Act accelerates dispute resolution through:
Specialized Labor Courts: Courts at all levels have established labor-specific courts, cases are heard by judges with expertise in labor law, improving efficiency and the quality of judgments.
Strengthened Mediation Procedures: Mediation involves judges and labor mediation committee members and is generally concluded within three sessions. Successful mediation not only reduces litigation costs but also provides workers with quicker remedies.
Strengthening Employment Relationship Protections for Workers
To address disputes between labor and management over employment relationships, the Labor Incident Act introduces effective protective measures:
Provisional Disposition for Temporary Status: When workers file lawsuits to confirm the existence of an employment relationship, they can request provisional disposition. If the court deems the worker likely to win and continued employment poses no significant difficulty for the employer, it may order continued employment and wage payments until a final judgment is issued.
Application for Invalid Transfers: Workers who suffer rights violations due to unreasonable transfers can apply for temporary reinstatement to their original position or continued employment, preventing livelihood difficulties caused by procedural delays.
References:Judicial Yuan Global Information Network