An amendment to the Act for Settlement of Labor-Management Disputes (勞資爭議處理法) proposed by Independent Legislator Chao Cheng-yu (趙正宇) would require that unions give notice to company management at least 10 days before a strike.
The proposal also stipulates penalties for employers who try to thwart a strike to improve the regulations and it protects unions’ right to go on strike, Chao said.
China Airlines pilots went on strike for seven days during the Lunar New Year holiday earlier this month, which led to dozens of flight cancelations.
The work stoppage ended following four rounds of negotiations between the Taoyuan Union of Pilots and company management, with the two sides reaching compromises on the pilots’ five demands.
Citing “widely differing views” on whether prior warning should be required ahead of a strike, Premier Su Tseng-chang (蘇貞昌) has ordered the Ministry of Labor to solicit public views before addressing the issue.
While strikes are not uncommon, a strike staged in the form of an ambush can affect people’s everyday life, Chao said.
The US, Japan and Italy have laws that require unions planning a strike to give prior notice, he said.
It is reasonable to require that workers give notice of a strike 10 days in advance, Chao said, adding that this would balance workers’ right to go on strike with the public interest.
“An employer must not prohibit, inhibit or obstruct a strike or any preparations for one,” the proposal says.
“An employer must not hire substitute workers to carry out work assigned to striking union members or other work of similar nature,” it says.
Employers who contravene the law would face a fine of NT$200,000 to NT$600,000, according to the proposal.
A legal motion submitted by a lawmaker must be cosponsored by at least 15 other legislators before it can be discussed in a plenary session, according to the Rules of Procedure of the Legislative Yuan (立法院議事規則).
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