2 – Repeated violations of rights
The ITUC Global Rights Index

Taiwan

The ITUC affiliate in Taiwan is the Chinese Federation of Labour (CFL).

In practice

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Agency workers unable to bargain at the workplace 06-02-2014

It is unclear whether agency workers have the right to join unions and enter into collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
at the company where they have been hired. In May 2013, there were 590,000 agency workers in Taiwan.
The CLA has produced a draft Agency Workers Protection Act on 6 February 2014 for review by the Executive Yuan. The draft seeks to limit the use of agency work to three per cent of the total number of employees in the enterprise for most occupations. Unions have criticised the draft law for recognising agency work. At the moment, agency workers are not covered by decisions of the labour-management conference and may be required to perform overtime work without extra pay.

Teachers still do not have full access to rights 24-09-2014

Since 2010, teachers have the legal right to join unions and enter into collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
with their employers. However, collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
can only take place at industry and professional level and teachers are not permitted to enter into collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
at their workplace. Moreover, the Labour Union Act determines that unions must represent 50 per cent of all workers in the industry in order to qualify for collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. Currently, the union does not reach 50 per cent.
In 2011, the Ministry of Education asked municipal and county authorities to bargain with trade unions in public sector education which are eligible. Another directive issued by the Ministry in 2013 further requested the commitment of the bureaus to bargain in good faith with the unions. However, a functioning system of collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
for teachers in Taiwan has still to be established.
The right of teachers’ unions to represent members in labour dispute labour dispute See industrial dispute cases, particularly in public education institutions, is also restricted. Article 3 of Act for Settlement of Labor Management Disputes excludes disputes which shall be resolved through administrative remedies from the regular labour dispute labour dispute See industrial dispute resolution mechanism.
The teachers’ unions may only represent their members in the private sector for labour dispute labour dispute See industrial dispute resolution and civil litigation, except on disputes related to appraisals, promotions and alteration of employment contract. Nevertheless, the CLA makes it clear that its mandate to adjudicate unfair labour practices is not restricted by the above provision and that it will handle disputes of public school teachers on a case-by- case basis. Under the above restrictions, teachers’ unions are unable to discuss and negotiate with the Ministry of Education over the revision of the Teachers’ Act regarding teachers’ appraisal mechanism and its unilateral application by school authorities.

Irregular workers in universities and colleges are excluded from labour protection24-09-2014

On 1 April 2013, the Ministry of Labour registered the Labour Union of the National University (LUNU), which consists of full-time research assistants, contract staff, and part-time student workers. The CLA certified the union for collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
on 11 April 2013. Management opposed this decision, but the Taipei High Administrative Court ruled in favour of the union on 7 November 2013. LUNU and the Taiwan Higher Education Union (THEU) filed a complaint with the Bureau of Labour Insurance against fourteen colleges and universities requesting the school authorities to provide social insurance for precarious workers. According to a survey released by the THEU in September 2013, more than eighty percent of the part-time researchers and assistants were excluded from social insurance coverage in the tertiary education institutions.

Carrefour uses labour-management conference to avoid collective bargaining06-02-2014

Workers employed at Carrefour stores work seven hours a day without a paid lunch break and two hours overtime without pay. When workers requested to start negotiations concerning flexible working hours at the Shulin branch, management argued that working hours were determined by the labour-management conference. The company was unable to produce proof of an agreement at the labour-management conference. In 2013, the union filed a complaint asking the CLA to determine whether an agreement had been reached in the labour-management conference that was still valid. Moreover, the union argued that referring disputes to the labour-management conference was undermining recourse to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
.
On 6 February 2014, the CLA prohibited Carrefour to use decisions of the labour-management conference to enforce its working-hour scheme. However, the decisions of the labour-management conference remain legally ambiguous, which can lead to abuses when it comes to negotiating collective agreements concerning issues that are part of a decision of the labour-management conference.

Labour-Management Conferences undermine collective bargaining24-09-2014

In certain cases labour-management conferences are abused by employers in order to undermine genuine collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. Labour-management conferences are a joint labour-management consultation system, comprised of an equal number of representatives from labour and management. In companies with no trade union, this system allows managers to conduct the election of workers’ representatives. Decisions are made by consensus or by absolute majority vote of the present representatives and are binding. The labour-management conference’s mandate covers matters related to labour relations, welfare, working conditions and productivity. The Labour Standards Act requires the prior consent of the trade union or the labour-management conference if there is no trade union before the employer may allocate the standard working hours to other work days and extend the working hours within the total allowable number of working hours, or put female workers on overnight shifts without paying overtime compensation.

Anti-union discrimination at Kingcar Group27-07-2013

Union members employed at Kingcar Group protested against anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

at the company on 27 July 2013. Management sent warnings and threats to workers in order to prevent them from joining the union. Workers who still joined were given assignments which were less paid than the assignments of non-union members. Moreover, the company refused to negotiate working hours and compensation payments for employment injuries with the union.

Dismissal and demotions against trade union officers at Mandarin Daily News26-02-2014

The trade union at Mandarin Daily News filed a complaint with the CLA against management for illegally dismissing its officer Wang Fu-jun after the union had requested negotiations concerning the retrenchment of 44 workers in August 2013. Union members who challenged this decision and entered into negotiations with management were demoted. Workers who testified in favour of Wang during the CLA investigation were also demoted. On 26 February 2014, the CLA ordered the reinstatement of Wang, but the company decided to appeal against the decision at the Civil Court.

Anti-union discrimination15-04-2013

In January 2013, the trade union at the company Achem Technology Corporation filed a complaint with the Council of Labour Affairs (CLA) concerning unfair labour practices against three trade unionists who had informed workers about the cut of the end-of-year bonus and the retrenchment plan. Achem was laying off workers under a voluntary retirement scheme and re-hiring them under new employment contracts paying them only 70 per cent of their previous salaries. Management suspended the three union officers and locked them out of the workplace in March 2013. On 15 April 2013, their employment contracts were terminated. However, the CLA ruled that the union officers must be reinstated and compensated for the period they were out of work. The union believes that the CLA should impose dissuasive sanctions against employers in such situations.

Exclusion from the right to collective bargaining31-01-2012

In January 2012, the Department of Labour in Taipei City declared that Master/PhD candidates employed as research and teaching staff by the National Taiwan University did not have the right to pursue collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
with the National Taiwan University (NTU) because they did not have an employment relationship with the NTU. The Council of Labour Affairs asked the Department to review its decision in November 2012.

Although the revised Labour Union Act has no restriction prohibiting agency workers from joining or organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. a trade union, the Collective Bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
Act has no provision including agency workers under the scope of a collective agreement.

Anti-union discrimination30-06-2012

A union officer at Yung Hwa factory owned by Kayaba Industry Co. Ltd and four union officers at Taiwan Airport Service Co. Ltd were dismissed by their employers in January and June 2012. The Council of Labour Affairs ordered the reinstatement of the dismissed workers, but management is not complying with this decision.

Trade union rights for teachers at last – but with limitations01-05-2011

After years of waiting, the legislative amendments that came into force on 1 May allowed the creation of an education union. The National Federation of Teachers’ Unions (NFTU) was born, replacing the National Teachers’ Association created 12 years earlier, with 80,000 members. Teachers do not have the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, however.

Trade union members are first in line when it comes to dismissals31-12-2010

Even if the 1929 law on trade unions prohibits anti-trade union discrimination, it does not provide for penalties in case of the wrongful dismissal of leaders or members of trade unions. Many trade unionists are amongst the first to be dismissed during a restructuring or are dismissed for minor reasons.

Limited collective bargaining31-12-2010

Barely 5% of the work force is covered by the 49 collective agreements in force, the majority in large companies. The content of these conventions rarely exceed the minimum stipulated by law.

Fears over proposed amendment to law 30-12-2009

On 30 December several hundred members of 10 trade unions came out onto the streets to protest at a bill to amend the law on trade unions. The proposed amendment would give the government the authority to disband unions. Four of the protest leaders were held for questioning after demonstrators threw cow dung at the police.

Collective bargaining limited30-11-2009
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