Worker Eligibility for Seeking Legal Aid to Relax with Possible Grant of Additional Aid from COA.

Many local businesses have suspended business or even shut down due to the worldwide financial crisis with many workers compelled to take non-paid vacation and labor disputes rapidly arise as a result.  In order to provide workers with effective and efficient protection of their rights and interests in seeking legal remedy, the Council of Labor Affairs (COA) announced it had budgeted some TWD60 million for its Prompt Aid to Labor Lawsuits Special Program and it would work together with the Legal Aid Foundation to implement this special program from 1 March 2009.

Under the special program, the worker who initiates action on any of the following as cause of action may apply for legal aid from the COA:

(1) The employer wrongfully terminated the worker’s employment contract.
(2) The employer fails to duly compensate or reimburse the worker on an event of occupational accident.
(3) The employer fails to procure labor insurance for the worker or misrepresents the worker’s monthly salary to the detriment of the worker for the purpose of procuring labor insurance for the worker.
(4) The employer wrongfully terminated the employment contract with the worker who acts as the director, supervisor, members’ representative, promoter or participant in the organization of the labor union and the relevant mediation under the Labor Dispute Resolution Act is unsuccessful.
(5) The employer is subject to criminal prosecution for having acted in violation of the Labor Safety And Health Act thereby resulted in death or serious personal injury of workers.
(6) The employer has acted in violation of the Mass Redundancy Workers Protection Act or the Gender Equality Employment Act.

The special program will substantially expand the scope of eligibility and increase the amount of the legal aid granted.  2,000 workers (as opposed to 150 now) are expected to receive the aid each year.  The COA will help the worker appoint an attorney and the worker need not prepay any retainer.  This aid should be of tremendous help to workers with limited financial means.  Further, the COA will provide the worker with relevant legal consultation to be performed by the lawyers at the relevant branch of Legal Aid Foundation.

Some 24,500 labor dispute cases were filed last year, representing a growth of 24% over the previous year, with the majority filed on disputes over severance pay or labor contract.  A total of 283 redundancy cases were reported with the number of workers involved increased by 60% over the previous year.  According to Legal Aid Foundation, 70% of the labor actions initiated with legal aid grant concluded successful.  Legal Aid Foundation handles about 2,000 labor dispute cases each year.

The number of grants has amounted to 703 only since the labor legal aid program was put in place seven years ago, representing about 100 grants each year where it normally could take up to six months for the trial court to decided on an action arising from labor dispute.

Legal aid grant

For litigation expenses:  Individual litigant:  TWD40,000~60,000 per court instance Group litigant:  TWD100,000 ~ 200,000 per court instance

For attorney’s fees: Up to TWD30,000 for perpetuation proceeding

Up to TWD10,000 for hortatory proceeding

Up to TWD40,000 for compulsory execution

Up to TWD10,000 for preparing legal documents

(2009.03)
/EMA