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Important Notes regarding Kaohsiung County Labor Dispute Mediation
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Important Notes regarding Kaohsiung County Labor Dispute Mediation
Publisher:Kaohsiung County Government Labor Affairs Bureau
Published time:2005/10/31
April 16, 2004
Document No. 0930075859
I.
The following procedures have been prescribed by the Kaohsiung County Government ("government" henceforth) to increase effectiveness in resolution of labor disputes.
II.
According to item four of the labor dispute regulation, when there is a dispute between a worker and employer, an application form must be submitted for the government to intervene as mediator.
III.
The application for mediation should include the following items:
A.
Name, gender, age, profession and address. In case of juristic persons or employer groups or labor groups or other businesses, state its office or location of operations.
B.
In case of a third person representative, state name and address and present certificate of appointment
C.
In case of multiple applicants, state the number of applicants and name list.
D.
Cause of dispute and sequence of events
IV.
With the approval of the applicant, the disputed case can be mediated by a mediator appointed by the government or transferred to a civil (private) mediation intermediary party ("intermediary party" henceforth)
The above mentioned intermediary party refers to:
A.
A lawful organization or foundation
B.
With the ability to mediate disputes between employee and employer. "Ability" means that this organization employs full-time staff with mediator or arbitrator qualifications.
C.
Operating normally and having a wholesome inner control system
V.
The disputed amount of the cases transferred to intermediary party mediation is in principle under NT$100,000 unless otherwise agreed on by the two parties.
VI.
The parties will be notified of the mediation procedure within 3 days from the day the application was accepted. The mediation meeting will take place within 10 days with an extension of 7 days should it be necessary. The meeting can be further postponed with the approval of the two parties.
VII.
The mediation is considered successful if the parties involved reach an agreement and sign the mediation record.
VIII.
The mediation is not considered resolved if one of the following occurs:
A.
No agreement is reached
B.
One of the parties does not appear at the mediation session even after receiving notification.
IX.
Regardless of whether mediation is successful or not, a record should be kept and send to the disputed parties.
X.
If mediation is successful, the outcome will be considered a binding contract between the two parties involved. If one of the parties is a labor group, then it will be considered a group contract.
XI.
The above rules will become effective once they are ratified. If changes are made, they will also need to be ratified.