Labour Disputes Handling Procedures (Employers)

• After being reported by the employee that his/her labour rights and interests are infringed and receiving his/her request for assistance, the Labour Affairs Bureau (DSAL) will file a case for investigation to verify the labour rights and interests of both employer and employee.
• The procedures for handling labour dispute cases are mainly as follows:

• The investigator will have a preliminary understanding of the subject matters of the labour dispute;
• He/she will try to coordinate the employer and the employee to settle the labour dispute;
• He/she will collect evidence from both parties, e.g., the documents, and will ask both parties or the witness to make declarations;
• He/she will analyse the case materials and will handle the case according to law:

• In the case that the employer violates the law:
  • Legal papers will be issued to the employer to require him/her to pay the employee the amount of money owed within the prescribed period of time if it is a contravention.
    • The calculation of the amount of money payable to the employee and the document stating the statutory fine will be attached to the legal papers.
    • If the payment is settled by the employer within the prescribed period of time, he/she will be excused from paying the fine (except for the case of recidivism).
    • If the payment is not settled by the employer, the case will be sent to court for handling.
  • If it is an administrative offence, the procedures for handling are as follows:

1. A notification of accusation will be issued to the employer:

• Within the prescribed period of time, the employer may make a defence or rectify the offence committed (except for the case of recidivism).
• If the offence committed is rectified or it has been proved that no violation of law ever existed, the case will be archived.

2. If the offence committed is not rectified or in the absence of evidence, a notification of punishment will be issued to the employer, stating the amount of fine:

• The case will be archived if the employer has rectified the offence committed and paid the fine within the prescribed period of time.
• If the employer fails to pay the fine, such matter will be sent to the Financial Services Bureau to have the fine collected coercively. 

• In the case that the employer does not violate the law
  • The case will be archived; however, it shall be without prejudice to the DSAL’s reinvestigation into the case upon the employee’s request when new evidence is given.

• The employer may contact the case investigator to enquire about the progress of the case during the handling process.