Collective Agreement Act Article 6

Both the labor and the management shall proceed in good faith when bargaining for a collective agreement; any party without justifiable reasons shall not reject the collective bargaining proposed by the other party.Without justifiable reasons referred to in the preceding Paragraph denote to one of the following situations when one qualified party proposes collective bargaining to the other party:1.Refusing to bargain when the contents, time, place and methods of bargain proposed by the other party are reasonable and proper.2.Failing to offer counter-proposal within sixty days after receiving written notice of bargaining from the other party and proceed to bargain.3.Rejecting to provide necessary information and materials for bargaining.The labor side with bargaining qualification in accordance with the preceding Paragraph denotes to the following labor unions:1.Corporate union.2.Industrial union whose members are joined by more than one half of employees employed by the other party of bargaining.3.Professional union whose members are joined by more than one half of employees with the same professional skills employed by the other party of bargaining.4.Several labor unions which are not pursuant to the preceding three sub-paragraphs and whose members in total are joined by more than one half of employees employed by the other party of bargaining.5.Labor union which is determined by the decision rendered in accordance with provisions of the Settlement of Labor-Management Disputes Act.When more than two labor unions on the labor side, or more than two employers or employer organizations on the management side, propose to bargain, the other party of bargaining may request them to select bargaining representatives; if they cannot select bargaining representatives, the representatives can be selected in accordance with its percentage in total membership.As if the negotiation period of collective agreement between the labor and the management sides have exceeded six months and is determined by the decision in accordance with the Act for Settlement of Labor-Management Disputes in violation of the stipulation concerning refusal to negotiate without justifiable reasons referred to in Paragraph 1 and Subparagraph 1 or 2 of Paragraph 2, the municipal or county/city competent authority concerned may turn the case over for arbitration after considering the interests for both parties and the possibility of concluding a collective agreement; except both the labor and management sides have agreed upon otherwise.
中文原文 團體協約法第6條
勞資雙方應本誠實信用原則,進行團體協約之協商;對於他方所提團體協約之協商,無正當理由者,不得拒絕。
勞資之一方於有協商資格之他方提出協商時,有下列情形之一,為無正當理由:
一、對於他方提出合理適當之協商內容、時間、地點及進行方式,拒絕進行協商。
二、未於六十日內針對協商書面通知提出對應方案,並進行協商。
三、拒絕提供進行協商所必要之資料。
依前項所定有協商資格之勞方,指下列工會:
一、企業工會。
二、會員受僱於協商他方之人數,逾其所僱用勞工人數二分之一之產業工會。
三、會員受僱於協商他方之人數,逾其所僱用具同類職業技能勞工人數二分之一之職業工會或綜合性工會。
四、不符合前三款規定之數工會,所屬會員受僱於協商他方之人數合計逾其所僱用勞工人數二分之一。
五、經依勞資爭議處理法規定裁決認定之工會。
勞方有二個以上之工會,或資方有二個以上之雇主或雇主團體提出團體協約之協商時,他方得要求推選協商代表;無法產生協商代表時,依會員人數比例分配產生。
勞資雙方進行團體協約之協商期間逾六個月,並經勞資爭議處理法之裁決認定有違反第一項、第二項第一款或第二款規定之無正當理由拒絕協商者,直轄市或縣(市)主管機關於考量勞資雙方當事人利益及簽訂團體協約之可能性後,得依職權交付仲裁。
但勞資雙方另有約定者,不在此限。

English translation for reference only; the Chinese text prevails. Not legal advice.