The legislature yesterday passed an amendment that significantly loosens restrictions on strikes in most sectors, with the exception of teachers and military personnel.
The Settlement of Labor-Management Dispute Act (勞資爭議處理法) had stipulated that union members must vote on whether to support a strike by attending an assembly and voting in person, a rule that is generally regarded as a hurdle designed to deter strikes.
The revised regulation allows union members to vote by other means.
As for the causes of strikes, under the new rules workers can declare a strike to settle disputes except in the case of “rights items” — defined in the Act as items already agreed to both by workers and management, such as employment contracts, collective bargaining agreements or other legally based agreements.
The revised Act would allow workers to solve disputes on “rights items” through judicial procedures. Currently such disputes are handled by mediation, a practice conducted by labor officials from local governments where the disputes take place.
The Council of Labor Affairs said the revision on “rights items” was a step forward because it means that around 90 percent of disputes can be referred to judicial arbitration. Some labor groups disagreed, however, saying that lawsuits are a long and hard road for workers.
To ensure the right of unions to take legal action — by strike or other means — the revised Act stipulates that workers are immune from civil and criminal responsibility for joining any action.
Staffers at institutions under the Ministry of National Defense and teachers are denied the right to strike, while the right to strike for workers connected to maintaining public safety are also limited.
Trade unions covering water, electric and gas utilities, medical institutions and financial institutions such as the Taiwan Stock Exchange, Taiwan Futures Exchange, Taiwan Depository & Clearing Corp, GRETAI Securities Market and Financial Information Service Co Ltd would still be required to provide a “minimum level” of service in the event of a strike.
Local governments can ban or restrict strikes if a major disaster requires intervention by public offices, the amendment stipulates.
It also stipulates that supervisory agencies in the central government are obliged to financially support the establishment of labor funds in different sectors to protect workers’ rights and interests.
Meanwhile, the legislature enacted the Sports Lottery Issue Act (運動彩券發行條例) yesterday, which stipulates that 90 percent of the surplus from lottery tickets will be used in developing sports and the other 10 percent placed in the welfare lottery.
ADDITIONAL REPORTING BY CNA
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