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How to conduct the Labor-Management Meeting

     Referring to the Amendment of the Labor Standards Act (LSA), the Ministry of Labor has submitted an amendment version to the Legislative Yuan. It prescribes the matter of flexible arrangement of the maximum number of overtime hours, rotating shift schedule and one designated day off per week. These shall be discussed by the employer and employee in the Labor-Management Meeting (LMM) and agreed by both parties.

     The business entity with more than 30 employees is obligated to file the minutes of the LMM with the local competent authority for future reference, as the law prescribes. The company misunderstood the so-called “Labor-Management Meeting” as calling for all the employees to attend the meeting and obtain their collective agreements. Actually the role of the LMM will tend to be more and more crucial, provided that this amendment is passed by the Taiwan Legislative Yuan.

     For the purpose of bargaining labor-management relations, improving labor-management relations and enhancing work efficiency, the business entity is supposed to hold the LMM, according to Article 83 of the LSA. Additionally, after the election and designation, the business entity shall submit, within 15 days, the name list of representatives elected and designated for the LMM and alternate representatives for the labor side to the local competent authority for reference, according to Article 11 of the Regulations for Implementing Labor-Management Meeting (ILMM).

     The current law hasn’t regulated any corresponding penalty against the business entity who doesn’t hold the LMM and doesn’t submit the list of above said representatives to the local competent authority. However for matters such as flexible working hours, overtime working hours and female workers on night shifts have to be discussed in the LMM before they are put into effect. Otherwise the business entity will be regarded as violating the regulation specified in Article 30 paragraph 2, paragraph 3, Article 30-1, Article 32 paragraph 1, and Article 49 paragraph 1 of the LSA, which will result being fined of a sum of not less than NT$2,000 but not more than NT$1,000,000.

     In accordance with Article 3 to Article 5 of the ILMM, the representatives from the management side designated directly by the business entity are supposed to have the capacity to make decisions, be familiar with the operations and be familiar with the labor situation. The employer himself or herself can take up the position of representative. For a business entity with a labor union, the election of the representatives from the labor side in the LMM shall be conducted by the union. For a business entity without a labor union, the representatives from the labor side shall be elected directly by all the employees. The number of representatives for the management side must be equivalent to the number of representatives for the labor side.

     When the number of employees of any single gender is more than one half of the total number of employees, the number of labor representatives for that gender shall be more than one-third of the total number of representatives, according to Article 6 of the same law. The employee who is in the position of a high-ranking executive may not be elected as a representative for the labor side, according to Article 8 of the same law.

     The LMM shall be convened at least once every 3 months, after the representatives of the LMM are generated, as per Article 18 prescribes.

     Finally, how does a business entity report the representative list of the LMM?  Please go to the URL https://ap.bola.taipei/bola_front/, find the Relevant Information Section, and download the document titled “The representative list of the LMM reported by the business entity” (including the application form). The business entity may apply online or mail the application form with the representative list of the LMM to Taipei City Labor-Management Relations, Department of Labor, Fl.5, No.1, City Hall Rd., Xinyi District, Taipei City 11008, Taiwan (R.O.C.).