第1條 本辦法依勞動基準法第八十三條規定訂定之。
Article 1 The Rules are enacted according to the provisions of Article 83 of the Labor Standards Law.
第2條 事業單位應依本辦法規定舉辦勞資會議,其分支機構人數在三十人以上者,亦應分別舉辦之。
Article 2 A business entity shall convene labor-management conference in accordance with the provisions of these Rules.
If a branch organization of such entity exceeds 30 employees, a separate conference may be convened for the branch.
第3條 勞資會議由勞資雙方同數代表組成,其代表人數視事業單位人數多寡各為二人至十五人。
Article 3 The labor-management conference shall have an equal number of representatives from the workers and the employer.
There shall be a number of 2 to 15 representatives from each side according to the size of the employment base of the business entity.
但事業單位人數在一百人以上者,各不得少於五人。
However, if business entity has an employment base of 100 or more, the number of representatives from each side shall be no less than 5.
第4條 勞資會議之資方代表,由雇主或雇主就事業單位熟悉業務、勞工情形者指派之。
Article 4 Management representatives of the labor-management conference shall be chosen by an employer from those who are well-versed in the business & labor affairs of the business entity.
第5條 勞資會議之勞方代表,事業單位有工會組織者,由工會會員或會員代表大會選舉之;尚未組織工會者,由全體勞工直接選舉之。
Article 5 Labor representatives of the labor-management conference shall be elected by union members or union assembly if there is a labor union in the business entity.
In case there is no labor union, they shall be elected directly by all workers.
事業單位各部門距離較遠或人數過多者,得按各部門勞工人數之多寡分配應選出勞方代表人數分區選舉之。
If the business entity has a great number of workers scattered over a wide area, the number of representatives for each department may be decided and elected in such departments respectively.
第6條 事業單位工會之理、監事得當選為勞資會議之勞方代表。
Article 6 Members of the general council as well as members of the supervisory council of a labor union in the business entity may be elected as the workers′ representatives at the labor-management conference, provided that the number of such representatives shall not exceed two thirds of the total number of the workers′ representatives.
但不得超過勞方所選出之代表總額之三分之二。
Article 6 Members of the general council as well as members of the supervisory council of a labor union in the business entity may be elected as the workers′ representatives at the labor-management conference, provided that the number of such representatives shall not exceed two thirds of the total number of the workers′ representatives.
事業單位女性勞工人數佔勞工人數二分之一以上者,其當選勞方代表名額不得少於勞方應選出代表總額之三分之一。
Where the number of female workers accounts for more than one half of the total number of workers in the business entity, the number of representatives elected from the female workers shall be no less than one third of the total number of workers′ representatives at the labor-management conference.
勞資會議勞方代表之候補代表名額不得超過應選出代表總額之二分之一。
The number of substitute-representatives shall not exceed one half of the total number of workers′ representatives at the labor-management conference.
第7條 勞工年滿十六歲,有選舉勞資會議勞方代表之權。
Article 7 A worker who has attained 16 years of age, shall have the right to elect workers′ representatives to the labor-management conference.
第8條 勞工年滿二十歲,在同一事業單位繼續工作一年以上者,有被選舉為勞資會議勞方代表之權。
Article 8 A worker who has attained the age of 20 and has continuously worked in the same business entity for one year or more may be elected as workers′ representative at the labor-management conference except in cases where such business entity has established for less than one year.
但事業單位成立未滿一年者,不在此限。
Article 8 A worker who has attained the age of 20 and has continuously worked in the same business entity for one year or more may be elected as workers′ representative at the labor-management conference except in cases where such business entity has established for less than one year.
代表雇方行使管理權之一級業務行政主管人員不得為勞方代表。
The highest-ranking executive officers who are authorized to conduct management on behalf of the employer cannot act as the workers′ representatives.
第9條 勞方代表選舉事務,事業單位有工會組織者,由工會辦理。
Article 9 The election of workers′ representative shall be conducted by the labor union, if any, in the business entity.
尚未組織工會者,事業單位應公告徵求勞方推派代表辦理,其選舉事務費用由事業單位負擔之。
In cases where no labor union is yet organized, the business entity shall publish a notice to request the workers to elect their own representatives.
Expenses incurred by such election shall be borne by the business entity.
前項選舉日期應於選舉前十日公告,並報請當地主管機關備查,主管機關於必要時,得派員輔導之。
The voting date for the election provided in the preceding paragraph shall be announced ten days in advance and notified to the local competent authority for reference purposes.
Where necessary, the competent authority may assign personnel to provide assistance.
第10條 勞資會議代表之任期為三年,勞方代表連選得連任,資方代表連派得連任。
Article 10 The term of office of each representative at the labor-management conference shall be three years.
The workers′ representatives may be re-elected and the management representatives may also be re-appointed.
資方代表得因職務變動或出缺隨時改派之。
The management representatives may be substituted in cases of changes of their functions/duties in office or vacancy.
勞方代表出缺或因故無法行使職權時,由勞方候補代表依序遞補之。
The workers′ representatives shall be substituted by the substitute-representatives according to the order of priority if vacancy occurs or any of the representatives is unable to perform his/her functions for whatever reason.
候補代表不足遞補時,得補選之。
In case of a shortfall in the number of the substitute-representatives to fill the vacancy, a supplemental election may be conducted.
第11條 勞資會議代表選出或派定後,應報請當地主管機關備查,遞補、補選或改派時亦同。
Article 11 After representatives of labor-management conference have been elected or appointed, a report shall be made to local competent authority for registration.
The same applies if a vacancy is filled in by an appointment or by s substitute-representative.
第12條 勞資會議代表在會議中應克盡協調合作之精神,所為之意思表示,其為資方代表者,應向雇主負責;其由工會選出者應向工會負責。
Article 12 Representatives of labor-management conference shall do their utmost to exercise the spirit of harmony and cooperation during the conference.
Management representatives shall be responsible to the employer, and workers′ representatives elected by a labor union shall be responsible to the labor union for their respective opinions expressed in the conference.