By Labor Relations Department, Council of Labor Affairs

The Draft Amendment to the Labor Union Law had passed its third reading in the Legislative Yuan today (June 1). The limitations of the Right to Organize will be substantial relaxed when workers fight for their labor rights in labor unions in the future. In addition, to prevent the cadre of the Labor Union and the workers suffer the unfair labor practice from the employers, the judgment mechanism of the Settlement of Labor Disputes Law will be implemented to strengthen the exercise on workers’ right to organize.

Labor Union Law is the footstone for workers to implement the Right to Organize. Labor Union Law put into practice in 1929. No huge amendment had been made for 80 years until now. In response to the trend of world labor unions, supporting the spirit of the International Labor Convention, and enlarging the exercise on workers’ right to organize, amending the Labor Union law is an urgent and important task.

After the established of the Council of Labor Affairs, the reviewing and training tasks of three labor laws, Labor Union Law, Collective Bargaining Agreement Act and Settlement of Labor Disputes Law, have been implemented for the development of collective labor relations. After a number of conciliations, negotiations and hard works, ruling and opposition parties finally agreed on the amended provisions of the Labor Union Law, which is not an easy task. The labor politics of “protecting teachers’ right to participate in or organize the labor unions”, “assisting on uniting and reforming of the labor unions”, “expending the scope of the unions inside the enterprises” and “uniting the labor unions of the enterprises” which proposed by President Ma during his election campaign have been accomplished and the ideas of decent work have been put into practice progressively.

The total amended provisions of the Labor Union Law are 49, which add 13 and delete 26. The main objective for amending the law is to solve the current problems for the development of the labor unions, such as limitation of exercising worker’s Right to Organize, inflexibility of the labor union framework, insufficient protection of workers’ right to organize, defective financial management mechanism of the labor unions and so on. The major amendments to the Labor Union Law are:

1. To stipulate and protect the right of workers and teachers to organize and participate in the labor unions.
To stipulate that teachers have the right to organize and participate in the labor unions. Teachers may organize professional unions or industrial unions based on the requirements on the basis of our school setting environment. The Settlement of Labor Disputes Law stipulates that teacher with influences on students’ right to education are prohibited from strikes.

2. To stipulate the behavioral patterns of unfair labor practice from the employers
For strengthening and protecting workers’ right to participate in and to organize the labor unions, the law stipulates that the behavioral patterns of unfair labor practice from the employers which hinder the union organization, operation and adverse treatment to the union cadres. The penalties are regulated separately.

3. To expend the exercise on the workers’ right to organize.
The law specifies the types of labor unions and organizational scopes for promoting the development of the labor unions, with the duty of honest negotiations of Collective Bargaining Agreement Act and the mediation, arbitration and judgment of the Settlement of Labor Disputes Law in the future. Various types of labor unions can fight for labor rights for their members, while simplifying the organization processes of the labor unions.

4. Labor unions have the discretion on the selection, dismissal and suspension regulations of the directors and the supervisors.
Labor unions stipulate the specifications by statute on the selection, dismissal and suspension of the directors and the supervisors and handle with internal democratic way to make the operations within the labor unions more smoothly.

5. Labor unions have the discretion on labor union alliance and internal organizations.
Labor unions may form an alliance based on their needs for the influence in fighting for the same topic or for some special reasons. The internal organizations of the labor unions may be set up by the requirements of each labor union.

Ms. Ju-Hsuan Wang, the Minister of the Council of Labor Affairs specially appreciates the Legislative Yuan, Labor Unions and various groups in supporting The Draft Amendment to the Labor Union Law. After a number of considerations of the legislative session, the Draft Amendment to the Labor Union Law finally was able to be passed today. Three labor laws about the development of collective labor relations can be implemented synchronously and three labor rights can be fully protected. In the future, the Council of Labor Affairs will focus on the development of collective labor relations, in order to build a humane, equitable, secure and dignified working environment.

After the passage of The Draft Amendment to the Labor Union Law, the Council of Labor Affairs said that workers can be more free and secure to organize and participate in labor unions in the future. With the compulsory negotiation regulations and honest negotiation mechanism of Collective Bargaining Agreement Act, labor and management can enhance their negotiation inclination in collective agreements. With the judgment mechanism of the Settlement of Labor Disputes Law, labor and management can facilitate building the autonomy to harmonize the collective labor relations.

Press Release and Photos at:
http://www.cla.gov.tw/cgibin/SM_theme?page=41d35566