Convening a Labor-Management Meeting – the responsibility of enterprises
“The Regulations for Implementing Labor-Management Meeting” promulgated in 1985 are prescribed in accordance with Article 83 of the Labor Standards Act(LSA). Its purpose is to clarify the approaches of labor-management meeting. The labor-management meeting was designed to have workers participate in the system. A business entity is supposed to deal with the approaches stipulated by the Regulations for Implementing Labor-Management Meeting, which includes the threshold for an enterprise to hold a labor-management meeting, the number of representatives from both the labor and management sides, the scope, the election approaches, the serving terms, the restrictions and agendas of labor-management meeting and etc.
The employee and employer are two mutual parties of a business entity. Workers hired by employer supply work in accordance with the operation of business entities. Employers hiring workers are in charge of inspection and management. Both parties are supposed to maintain the harmony of employers and employees to create an enterprising culture. For ensuring good communications between the two parties and avoiding the damage to one side’s rights and interests caused by the other side’s strategy, the “Labor-Management Meeting” based on Article 83 of the LSA is supplying a bridge for the communication of the mutual parties.
The representatives from both the labor and management sides shall serve a four year term. They may serve a following term if re-elected. A business entity has got to pay attention to whether or not the term of the labor side is coming to completion. A business entity has to notify the labor union prior to ninety days of expiration of the term of the incumbent representatives from the labor side to conduct an election of worker representatives, in order to avoid the representatives of the labor side from losing the effect from prior negotiation. After the results of the elections of representatives of the two parties, the business entity has to send the name list of the representatives for the two parties to the Department of Labor for their approval and filing. The same procedure shall be applied whenever there are any changes for the name list.
From the election approach of worker representatives, it shows the importance of an enterprise union to the labor-management meeting. A business entity with a corporate union, the representatives from the labor side in the labor-management meeting is supposed to be elected through either its general meeting of union members or member representatives. A business entity without a labor union or without enough members to organize a corporate union, according to Article 5 of the Regulations for Implementing Labor-Management Meeting, the representative election from the labor side shall be conducted by the business entity itself, in which the representatives shall be elected directly by all workers. Provided that the departments of a business entity are far from each other, or there are too many persons in it, the number of representatives elected may be reference to the number of persons of each department to do the allocation, and a representative election shall be conducted by each branch. In case of a business entity with not more than three employees, the labor and management sides automatically become the representatives of the labor-management meeting. No matter the number of persons in a business entity, it is obligatory to conduct a labor-management meeting.
The labor-management meeting shall be convened at least once every three months, of which the scope of the agenda widely includes the matters of labor conditions, employee welfare, approaches of enhancement of work efficiency, the election or designation and dismissal of representatives from the labor and management sides, the labor-management meeting operation and the formation or revision of working regulations and etc. Moreover according to Article 30, 32 and 49 of the LSA, That issue that the employer adjusts worker’s working hours, extends worker’s working hours and has females work night shifts from 10 pm to 6 am the following morning shall be discussed and decided in the labor-management meeting. In the business entity without a labor union, the agreement on the above said issues should be discussed by at least half of the representatives of the two sides present, and come to a consensus by a three quarters majority of the attendance.
The orientation to labor and management meeting implementation is clarified in The Regulations for Implementing Labor-Management Meeting. For example, whether or not the labor representative election is available by absentee ballots, whether or not the branch should hold a labor-management meeting, whether or not a doctor is eligible to elect a labor representative and to be elected as a labor representative are clarified.
The spirit of the labor-management meeting is not only to implement the legal obligation, but also to insure the harmonious communications between workers and employees through the regular meetings. As long as the meeting is implemented based on the principles of faith and honesty, the enterprise’s well-being and laboring conditions could be met. Finally, the two sides can collaboratively create a harmonious working environment.