左列各款亦屬本法所稱勞動關係:
The following are also within the meaning of the labor relations as used in this Law:
第2條 (不適用本法之團體協約)團體協約有規定勞動關係以外之事項者,對於其事項不適用本法之規定。
Article 2 If there are in a collective agreement provisions that deal with matters beyond the scope of labor relations, this Law shall not apply to the said matters.
第3條 勞資團體之代表機關,非依其團體章程之規定、或依其團員大會或代表大會之決議、或受其團體全團團員各個所授與特別書面之委任,不得以其團體之名義締結團體協約。
Article 3 An agency representing an organization of employers or workers shall not conclude a collective agreement in the organization's name unless it is entitled to do so under a provision of the constitution of the organization or a decision of a general meeting of its members or a general meeting of members' representatives, or under a special authorization in writing from each and every member of the organization.
違反前項規定所締結之團體協約,非得其團員大會之追認不發生效力。
A collective agreement concluded in violation of the provisions of the preceding paragraph shall not be valid unless it has been ratified by a general meeting of the members of the organization.
第4條 (呈請認可)團體協約應由當事人雙方或一方呈請主管官署認可。
Article 4 Every collective agreement shall be submitted by either or both of the parties to the competent authority for approval.
主管官署發現團體協約條款中有違背法令、或與僱主事業之進行不相容、或與工人從來生活標準之維持不相容者,應刪除或修改之。
If the competent authority finds that any provision of the collective agreement is contrary to law or regulations or incompatible with the progress of the employer' business or is not suited to ensure the maintenance of the workers' normal standard of living, the said provision shall be cancelled or amended.
如得當事人同意時,得就其刪除或修改後之團體協約認可。
The collective agreement may be approved after the said cancellation or amendment, if the parties concerned agree thereto, and the approved agreement shall become effective from the day immediately following approval.
已認可之團體協約自認可之翌日起發生效力。
The collective agreement may be approved after the said cancellation or amendment, if the parties concerned agree thereto, and the approved agreement shall become effective from the day immediately following approval.
前項之規定於團體協約之變更或廢止準用之。
The provisions of the preceding paragraph shall apply to alteration or cancellation of a collective agreement.
第5條 (多數協約適用順序)勞動關係於有二個以上之團體協約可以適用時,其效力發生在前之團體協約無特別規定者,先適用職業範圍較小之團體協約。
Article 5 When two or more collective agreements deal with the same labor relation and there is no provision in any of these collective agreements as to priority of application, the collective agreement affecting the smaller scope of craft shall apply first; or,
團體協約不屬於職業性質者,先適用地域或人數適用範圍較大之團體協約。
if the collective agreements are not on a craft basis, the agreement covering a wider scope of area or greater number of persons shall apply first.
第6條 (當事人獨立性及其例外)資方之團體協約當事人為多數時,如無特別之規定,其各當事人不得單獨與一般工人團體為異於團體協約之特別規定。
Article 6 If two or more Persons represent the employers as parties to a collective agreement, these persons, in the absence of specific provisions, shall not individually conclude any special agreement differing from the collective agreement with any organization of workers.
團體協約當事人除前項規定外,各自獨立取得權利、負擔義務。
Except the provisions of the preceding paragraph, the contracting parties to a collective agreement independently acquire.
The rights and perform the duties thereunder.
第7條 (揭示義務)僱主受團體協約之拘束者,應將團體協約於工作場所易見之處揭示之。
Article 7 Every employer bound by a collective agreement shall post up the text of the agreement in a conspicuous position at the place of work.
違反前項規定者得處以五十元以下之罰鍰。
Any employer who violates the provisions of the preceding paragraph may be punished with a fine not exceeding 50 yuan.
第8條 (僱主不受限制事由)團體協約得規定僱用工人限於一定工人團體之團員,但有左列情形之一時僱主不受限制:
Article 8 It may be stipulated by a collective agreement that an employer shall employ only the members of a particular organization of workers; provided, that the employer shall not be subject to this restriction in the following cases:
一 該工人團體解散時。
1.
If the workers' organization concerned is dissolved;
二 該工人團體無僱主所需要之專門技術工人時。
2.
If the workers′ organization concerned is unable to supply the specialized technical worker required by the employer;
三 該工人之團體之團員不足供給或不願意應僱時。
3.
If the available members of the workers' organization are either insufficient to meet the need of the employer or unwilling to accept employment;
四 僱主僱用學徒或使役時。
4.
If the employer is engaging apprentices or miscellaneous hands;
五 僱主僱用為其管理財務、印信、或機要文件者時。
5.
If the employer is engaging persons to take charge of his financial affairs, seals, correspondence or confidential documents:
六 僱主僱用該工人團體以外之工人,除四、五兩款不計外尚未超過其廠店工人人數十分之二時。
6.
If the number of workers other than members of the workers' organization concerned employed by the employer has not yet exceeded two-tenths of the total number excluding those under subparagraph 4 and 5.
第9條 (規定無效事項(一))團體協約有規定僱主僱用工人應依工人團體所定輪僱工人表之次序者,其規定為無效。
Article 9 Any provision in a collective agreement that requires the employer to engage workers in accordance with the priority set forth in a rotation-hire list of the workers, organization shall be null and void.
第10條 (規定無效事項(二))團體協約得規定僱主僱用工人應由工人團體介紹,但限制僱主之自由去取者其規定為無效。
Article 10 It may be stipulated by a collective agreement that the employer shall employ only the workers recommended by the workers' organization; provided, that any provision restricting the employer′s discretion in accepting or rejecting workers recommended shall be null and void.