Progressive mediation service for complaints and protected benefits and rights for employees
We, the Department of Labor of Taipei City Government, is the local competent authority, where our Labor Standards Division is in charge of the services of the consultation of the labor-related law, mediation of labor-management disputes and the complaints of labor conditions.
When the issue of labor contract, working hours, wages, special leaves and severance pay arises between employees and employers, the employees could negotiate with the employers through the grievance redress mechanism inside the company, if there is any. Whenever the dispute fails to be settled, the employees could request for a remedy outside the company. Initially, the employee can visit the Department of Labor and get legal advice from a lawyer that specializes in Labor Law. After the employee has a better understanding of his or her benefits and rights, the employee may be eligible to file for the mediation service with us. Furthermore the employee can submit to us specific evidence for his or her case, with which we can inspect the labor conditions of the company to protect employee’s benefits and rights.
The “Mediation service of labor-management disputes” is to help settle the unresolved dispute by the employee and employer. Either party is eligible to apply for the mediation service at the local competent authority, where a neutral third party, with the practical experience and the related labor laws, assists disputing parties in resolving conflict to reach a settlement or compromise for both parties.
Based on the “Labor Management Dispute Law”, the advantages of applying the mediation service are as follows:
1. The benefits and rights of the employee is protected during the mediation period: During the disputing period, the employer is not allowed to stop the business, stop operating, terminate the labor contract or do any other actions against the employee.
2. The mediators have the right to conduct an administrative investigation: The mediator can demand both employee and employer to submit a written or oral explanation. If needed, the mediator with the permission of the competent authority may visit the related company.
3. If the mediation is sustained, the result can be regarded as an agreement of the disputing parties. If one of the parties is part of the union, the result of the mediation will be regarded as a group agreement between the employer and employees.
For enhancing the service efficiency, on November 1, 2017,our second office at Wanhua started to offer the services for labor-management disputes mediation and inspection service for complaints. The address is Bangka Blvd. 101, No. 6, Wanhua Dist., Taipei City, and the phone number is 02-2302-6355. The professional volunteers and inspectors, in shifts, working at the information desk, are going to listen to you, find a strategy suitable for your case, for example, arrange a consultation with a lawyer, apply for mediation or file for an inspection for your complaint to protect your benefits and rights.
“When a party to a labor-management dispute applies for mediation, the application form shall be filled and submitted to the local competent authority, located at the same place where the employee is working”, according to Article 9 of the Act for Settlement of Labor Management Dispute.
The application can be filed in person and the application form can be downloaded at our website “Taipei e-service online”. As for November 11, 2017 the application for mediation of labor-management dispute is available online. The employee and the employer can file an application online at https://ap.bola.taipei/bola_front.
Furthermore, our second office at Wanhua has 6 independent mediation rooms, 4 inspection-interview rooms. With ample space and our own computer system, the mediation application and procedure have already become much more efficient and convenient.
You are welcome to take advantage of our free legal consultation. The details are as follows:
※ Field consultation service : Maximum 20 people at a time
Time : Wednesdays and Fridays from 14:00 to 17:00
Location : Taipei City Hall, NorthEast Wing, Fl. 5, No.1, City Hall Rd., Xinyi District, Taipei City
※ Telephone consultation service : 10 minutes per call maximum
Time : Mondays, Tuesdays and Thursdays from 14:00 to 17:00 at 1999 or (02)27208889 extension 7019