What is a union complaint
On October 21, 2019, Wardino, the chairman of the YMFU (Yilan Migrant Fishermen’s Union), which represents fishermen from abroad, apparently resigned his position under duress.
The union had been sidelined and criticized for gathering evidence of human rights violations in the Taiwanese fishing industry. Then on October 1, 2019, the bridge at Nanfang’ao Port collapsed and the debris fell on fishing boats moored under the bridge. Numerous fishermen were injured and at least six people died. After the bridge collapse, the YMFU and the Legal Aid Foundation were prevented from discussing the possibility of legal counsel with the families of the deceased and injured foreign fishermen.
On October 17th, the Su’ao District Fishermen's Association demanded that the YMFU chairman encourage fellow Indonesian fishermen to protest against the union. If you don't do this, you won't get a bonus. The protests did not materialize, however, and the fishermen's association continued to harass Wardino. The next day, a delegation from the Yilan County Labor Bureau, led by its director, visited the foreign fishermen in Nanfang’ao. During the visit, labor officials spoke “casually” about the recent clashes between the Su’ao Fishermen's Association, the YMFU and Wardino.
During this visit, Wardino “declared” that he was “ready” to resign. Employees from the labor authority were instructed to assist him with this, including through translation services. On October 21, the chairman of the fishermen's association invited Wardino to his office, where he officially announced his resignation from the union.
The YMFU then requested the Control Yuan to initiate an investigation into the conduct of the Labor Bureau officials. As a result, the Su’ao District Fishermen's Association called on the district attorney's office to charge YMFU General Secretary Allison Lee with defamation related to comments following the collapse of the Nanfang’ao Bridge.
EVA Airlines has retaliated against the organizers of a 20-day strike that began in June 2019 by sacking Kuo Chi-yen, chairman of the Taoyuan Flight Attendants' Union (TFAU), two days after the strike ended and a Union leaders have been brought to court to sue them for NT $ 34 million (US $ 1.09 million) in damages over the alleged illegal strike.
The most common form of industrial action; a collective stoppage of work by employees for a certain period of time; can take many forms.
cf.General strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, slow-down strike, more than 2,300 cabin crew members were involved to demand better allowances and working conditions, especially in the case of overtime on sightseeing flights, which can extend to more than 12 hours . Under an agreement reached on July 6, the Company reportedly approved a short-haul flight allowance of NT $ 300 and a transoceanic flight allowance of NT $ 500. In addition, the EVA cabin crew was able to obtain a right to overnight stays from March to June on several routes to Tokyo and one flight route to Beijing. However, many of their original demands were not met, including overnight stays on other routes, an increase in hourly wages on international flights and double wages for holiday work.
However, the airline failed to stick to the agreement, which led to a TFAU protest rally in front of the Labor Ministry in Taipei in early September. In addition to the non-compliance with the agreement, which also contained a clause prohibiting retaliation, EVA has upheld its lawsuit against the union and demanded that TFAU representative Liao Yi-chin and TFAU deputy secretary Chou Sheng-kai also provide assistance be held accountable in organizing the strike.
A group of Vietnamese migrant workers at a food company in New Taipei filed a complaint with the city council against their employer in May 2019 for retaliating after a protest earlier this month.
More than 70 Vietnamese migrant workers took part in a protest on May 3 in front of the headquarters of Mei Ti Foodstuff, famous for its bread and Western baked goods, in the Xizhi district, and the payment of their overtime and the reimbursement of unlawful deductions from their monthly wages required.
With the help of the city administration's labor department, an agreement was signed by both sides, with which the company agreed to pay its Vietnamese employees for their overtime and to repay the wage deductions made over the past two years.
According to the Labor Department, migrant workers had complained that they worked an average of 16 to 18 hours a day without getting their legitimate wages. In addition, the employer makes unjustified deductions from their wages due to allegedly bad work.
Despite the agreement reached, it was reported that the company plans to lay off five Vietnamese workers, including some of those who led the protests. The employer asked the five employees whether they would be willing to switch to another employer or return to Vietnam, according to a city representative who is familiar with the matter.
The Vietnamese workers viewed this as retaliation from the employer, filed a complaint with the city administration and organized the protest.
The city government accepted the complaint, and Liao Wu-hui from the Labor Department emphasized that his department would guarantee foreign workers their rights to work in New Taipei and would not allow the company to retaliate against its workers.
On May 20, 2019, Meidi Shipin Limited Corporation fired five factory workers believed to be the main organizers of a May 3 strike.
The most common form of industrial action; a collective stoppage of work by employees for a certain period of time; can take many forms.
cf.General strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, slow-down strike it came in protest against 16 to 18-hour working days without overtime pay, which the management simply deleted from the register. The most common form of industrial action; a collective stoppage of work by employees for a certain period of time; can take many forms.
cf.General strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, slow strike, in which 74 of the company's 79 employees were involved, ended on the same day as the management promised that overtime would be carried out until the 15th May be remunerated.
However, this commitment was not kept and the workers were not paid for the overtime they worked. After the original deadline had expired on May 15, the management announced that payment would be delayed by three days. By May 19, workers had still not received their money, and management announced another ten-day delay. In the meantime, incoming orders had not declined, so that they had to work up to 18 hours a day. On May 20, the five organizers were fired on the grounds that the order situation had deteriorated, which was demonstrably not the case. This was followed by another strike strike, with the strong support of the Taiwan International Workers ’Association (TIWA). The most common form of industrial action; a collective stoppage of work by employees for a certain period of time; can take many forms.
See general strike, intermittent strike, rolling strike, sit-down strike, sympathy strike, wildcat strike, go-slow strike and protest actions.
Hendrick Lui, a Hong Kong activist who came to Taiwan to support Taiwanese protesters protesting changes to the labor standards law, was detained at the airport for four hours before being allowed to enter the country.
Ten union leaders and students, as well as four lawyers who accompanied them, were arrested late in the evening of December 23, 2017 while protesting against adverse changes to labor law.
The proposed changes to labor law included a reduction in mandatory breaks between shifts, an increase in the amount of overtime allowed by law and a reduction in overtime pay. Ten thousand protesters from trade unions, student organizations and workers' groups gathered on December 23rd to march to the Executive Yuan, the executive branch of the government, to express their opposition to the reforms. However, they were stopped by police in riot gear who had cordoned off part of the route. After minor clashes, the crowd was able to partially break through the police line and advance to a large intersection where the protest organizers spoke to the crowd.
Numerous demonstrators then dispersed, but some stayed to convey their message to the executive branch. They changed routes several times because the police kept stopping them, and ten union leaders and students were arrested when protesters blocked a major intersection near Taipei Central Station. Then the protesters were surrounded by hundreds of riot police for more than an hour in a confined space. Ultimately, all of the remaining demonstrators were forcibly dragged into police vehicles and later unceremoniously dropped off in the surrounding suburbs.
During the protests, four lawyers who represented the protesters and wanted to mediate between them and the police were detained by the police for reasons that were not clear, but were released at the end of the night.
As of 2010, teachers have had the legal right to join unions and bargain collectively with their employer, but bargaining can only take place at the industry and professional body level, and teachers are not allowed to bargain collectively in their workplace. The trade union law also states that the trade unions must represent 50 percent of all employees in their respective industry in order to be entitled to collective bargaining. Your union does not currently meet this requirement.
In 2011 the Ministry of Education asked the city and regional authorities to negotiate with the relevant public education unions. Another directive issued by the ministry in 2013 called for negotiations in good faith with the unions. However, one can still not speak of a functioning collective bargaining system for teachers in Taiwan.
There are also restrictions on the right of teachers' unions to represent their members in labor disputes, particularly in the case of public educational institutions. Article 3 of the Labor Dispute Settlement Act states that administrative disputes are excluded from the regular dispute settlement procedure.
In the event of a labor dispute, the teachers' unions can Representing its members in the private sector, except when it comes to appraisals, promotions and changes to the employment contract. However, the Labor Council has made it clear that the foregoing provision does not limit its mandate to rule on unfair labor practices and that it will examine disputes related to public school teachers on a case-by-case basis. As a result of the above restrictions, the teachers' unions are unable to discuss and negotiate with the Ministry of Education about the amendment to the Teachers Act with regard to the assessment process for teachers and its unilateral application by the school authorities.
On April 1, 2013, the Department of Labor approved a union at the National University, the Labor Union of the National University (LUNU), made up of full-time academic staff, temporary workers and student assistants. The Labor Council issued the union's certificate of participation in collective bargaining on April 11, 2013. The university administration challenged this decision, but the Taipei Supreme Administrative Court ruled in favor of the union on November 7, 2013. The LUNU and the university union THEU have filed a complaint with the insurance company for employees against 14 colleges and universities and demanded social security contributions for precarious workers from the school authorities. According to a study published by THEU in September 2013, more than 80 percent of the part-time employees among the academic staff and auxiliary staff in tertiary educational institutions are not covered by social insurance.
In some cases, employee-employer conferences are used by employers to undermine genuine collective bargaining. These conferences are based on a joint consultation process in which representatives of the employees and employers participate in equal numbers. In companies where there is no union, this system allows employers to hold employee representation elections. Resolutions are passed by consensus or with an absolute majority of the representatives present and are binding. The employee-employer conferences deal with issues related to industrial relations. Industrial relations The individual and collective relationships and contacts between workers and employers in the workplace, as well as the institutional interaction between trade unions, employers and also the government.
See social dialogue, social concerns, working conditions and productivity. The Labor Standards Act requires the prior consent of the union or the workers-employer conference, if there is no union, before the employer can change working hours, extend working hours or assign women to night shifts without remuneration for overtime.
The union at the Mandarin Daily News has filed a complaint against management with the Labor Council for the unlawful dismissal of union representative Wang Fu-jun after the union demanded negotiations to cut 44 jobs in August 2013. Union members who questioned this decision and entered into negotiations with management were downgraded. Staff who testified in favor of Wang during the Labor Council investigation were also downgraded. On February 26, 2014, the Labor Council ordered Wang's reinstatement, but the employer appealed the decision to the civil court.
It is unclear whether agency workers have the right to join trade unions and bargain collectively in their actual workplace. As of May 2013, there were 590,000 temporary workers in Taiwan.
On February 6, 2014, the council responsible for labor issues presented a draft law on the protection of temporary workers, which the cabinet must now examine. The draft aims to limit the number of temporary workers for most occupational groups to three percent of the total workforce of the respective company. The trade unions have criticized the draft law because it recognizes agency work.Temporary agency workers are currently not covered by the resolutions of the employee-employer conference and can be obliged to work overtime without additional payment.
The employees in the Carrefour branches work seven hours a day without a paid lunch break and do two unpaid overtime hours. When workers called for negotiations to begin on flexible working hours at the Shulin branch, management argued that working hours would be set by the employee-employer conference. The company was unable to provide evidence of any such agreement at the conference. In 2013 the union lodged a complaint and asked the labor council to determine whether an agreement had been reached at the workers-employers conference. The union also argued that referring disputes to the workers-employers conference undermined the collective bargaining process.
On February 6, 2014, the labor council banned Carrefour from invoking the decisions of the workers-employers conference in order to enforce its working time regulations. However, the decisions of the employee-employer conference are still not legally clear, which can lead to abuses in the case of collective bargaining on issues that are part of a decision of the employee-employer conference.
Union members employed by Kingcar Group on July 27, 2013 against anti-union discrimination Anti-union discrimination Any practice that discriminates against an employee or group of employees because of past, present or future union membership, legitimate trade union activities, or use of union services; includes layoffs, transfers, demotions, harassment and the like
See ITUC Guide to International Trade Union Rights
protested at the company. Management had sent the workers warnings and threats to discourage them from joining the union. Workers who joined the union nonetheless were assigned tasks that were paid less than those of non-union members. In addition, the company refused to negotiate with the union about working hours and compensation payments for accidents at work.
In January 2013, the union at Achem Technology Corporation filed a complaint with the Labor Council regarding unfair labor practices against three unionists who had notified workers of the year-end bonus cut and the proposed downsizing. Achem was in the process of dismissing employees as part of a voluntary scheme and reinstating them with new contracts and 30 percent less wages than before. The three union officials were suspended and locked out in March 2013. Her employment relationship was terminated on April 15, 2013. However, the Labor Council decided that union representatives should be reinstated and compensated for the time they were unemployed. The union believes that the labor council should impose dissuasive penalties on employers in such cases.
One union representative at Yung Hwa, owned by Kayaba Industry Co. Ltd, and four union representatives at Taiwan Airport Service Co. Ltd were dismissed by their employers in January and June 2012, respectively. The Labor Council has ordered her reinstatement, but employers have so far ignored her.
In January 2012, the Ministry of Labor in Taipei declared that undergraduate and graduate students working as researchers and lecturers at the National Taiwan University (NTU) had no right to collective bargaining with the university because they were not employed with it. The Labor Affairs Council asked the Ministry in November 2012 to review this decision.
Although the amended Trade Union Act does not prohibit agency workers from joining or organizing a union, there is no provision in the Collective Bargaining Act that provides that agency workers are also subject to an applicable collective agreement, a usually written agreement that sets out the results of collective bargaining between employee and employer representatives contains.
see collective bargaining.
After years of waiting, changes to the law that went into effect on May 1 enabled the formation of a teachers 'union, the National Federation of Teachers ’Unions (NFTU), which replaced the National Teachers' Union founded 12 years earlier and has 80,000 members. However, teachers are not entitled to strike.
The legal provisions also apply in the two export zones, Kaohsiung and Taichung, but labor inspectors rarely intervene there, as these zones are primarily administered by an authority under the Ministry of Economic Affairs.
Only 5 percent of employees are covered by one of the 49 applicable collective agreements. In most cases these are employees of large companies. In terms of content, these contracts rarely go beyond the statutory minimum requirements.
On December 30th, several hundred activists from around ten unions took to the streets to protest a draft law on unions. This addendum would give the government the right to dissolve the unions. Four leaders of the demonstration were arrested after the demonstrators threw cow dung at police forces.
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