Population: 23,000,000
Capital: Taipei
ILO Core Conventions Ratified: Not a member state

Trade unionists are particularly targeted for dismissal as was the case in Young Fast Optoelectronics. Recent changes to the labour law have however strengthened trade union rights.

TRADE UNION RIGHTS IN LAW

Changes to labour laws have strengthened the protection of trade union rights. Most recently, the Labour Union Law was amended on 1 June 2010 and brought a number of significant improvements. Teachers are now allowed to join unions and migrant workers now also have the right to take part in unions' director and supervisor elections. A number of workers, including fire-fighters and medical personnel are still denied the right to organise, and civil servants may only form associations.

In 2009, the Settlement of Labor-Management Dispute Act was also amended to better secure the right to strike. The procedures for calling a strike, including the voting system, were facilitated, and the conditions and areas under which a strike can be called were clearly specified. While strikes are not allowed in the case of "rights items", which are defined as items already agreed upon e.g. in collective agreements, the Act provides for judicial procedures to resolve such disputes whereas previously only mediation was available. In addition to teachers, civil servants and public employees are not allowed to go on strike.

TRADE UNION RIGHTS IN PRACTICE AND VIOLATIONS IN 2010

Background: Taiwan and China signed a free-trade agreement on 29 June. It should greatly increase bilateral trade but opponents of this pact in Taiwan pact fear the flooding of their market with cheap Chinese products and an increase in unemployment.

Limited collective bargaining: Barely 5% of the work force is covered by the 49 collective agreements in force, the majority in large companies. The content of these conventions rarely exceed the minimum stipulated by law.

Trade union members are first in line when it comes to dismissals: Even if the 1929 law on trade unions prohibits anti-trade union discrimination, it does not provide for penalties in case of the wrongful dismissal of leaders or members of trade unions. Many trade unionists are amongst the first to be dismissed during a restructuring or are dismissed for minor reasons.

Limited intervention from labour inspections in the Export Processing Zones: The law is in force in the two Export Processing Zones of Kaohsiung and Taichung but the inspectors rarely intervene because they are largely controlled by an authority under the supervision of the Ministry of Economic Affairs.

Wave of anti-trade union dismissals at Young Fast Optoelectronics: On 12 March, a company which manufacturers touch screens, Young Fast Optoelectronics (YFO), who supply equipment to Samsung, LG, HTC and Google, fired five leaders and ten members of the trade union which had been set up within the company in 2009. The dismissals took place after the trade union had criticised serious violations of the law and indecent working conditions. The management justified these dismissals using the pretext that their manufacturing line had been transferred to China, but the Taiwanese trade unionists are convinced that this was a deliberate act to disband the trade union and a serious breach of labour law. The YFO factory is located in Tao-Yuan.

Disclaimer: © ITUC-CSI-IGB 2010

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.