The implementation status for the business commissioned by the Council of Labor Affairs
According to paragraph 5 in article 10 of the Legal Services Corporation Act, the Foundation may accept the legal aid business commissioned by the Government agencies.  In order to protect laborer’s rights and interests, during the preliminary stage to carry out the labor pension act, the laborers whose labor contracts were illegally terminated by their employers and the ones who filed litigations to the court due to the disputes resulting from the termination of labor contracts ca  apply to the Council of Labor Affairs for litigation aid.  As from the end of June, 2005, the Foundation has been officially commissioned by the Council of Labor Affairs to help laborers who are inappropriately dismissed by their employers with litigation aid, and assist the Government with administration.  In doing so, in addition to alleviating the workload of the Government’s administrative personnel, legal aid resources will also be effectively integrated.

The major case category commissioned by the Council of Labor Affairs is cases of violation made by employers to terminate labor contracts.  In principle, it only has less of a restriction on the criteria of financial eligibility.  The cases themselves shall also comply with “convincing reasons” and be limited to illegal termination of labor contracts instead of the cases being initiated by laborers themselves.  At present, there are six categories qualify: illegal dismissal, illegal layoff, illegal mandatory retirement, severance fee, pension and mass labor dismissal.

For the approved cases commissioned by the Council of Labor Affairs, if the legal aid recipients are not financially capable, they may apply to the Foundation for issuing the affidavits to replace the security bond required by security procedure.  At the beginning of the prosecution, based on the Legal Services Corporation Act, legal aid lawyers shall plead to the court for litigation aid.  However, for those who are financially capable, they are not applicable for the use of affidavits and litigation aid.  

1. Elements of legal aid：
   
   • Labor dismissal cases make up for the majority of cases commissioned by the Council of Labor Affairs.  There is no restriction of financial eligibility for this category.  As long as it is maliciously initiated by employers to terminate labor contracts, the laborers are eligible for the aid. 
   • The standards set by the Council of Labor Affairs are flexible regarding financial eligibility, but the cases still require a convincing reason. The cases for termination of labor contracts are generally not initiated by laborers themselves, so this they are eligible for legal aid.  Currently, categories of cases qualify: illegal dismissal, illegal layoff, illegal mandatory retirement, severance fee, pension, and mass labor dismissal.
2. Examining mechanism：
   
   • The cases applied to the Foundation are to be examined according to the Foundation’s examining procedure and committee.
   • Affidavits: If it is necessary for provisional seizure, the Foundation will issue affidavits according to its criteria.  This means the affidavits are only available for those applicants who meet the criteria of statutory financial eligibility.
   • Litigation aid: If it is necessary for litigation aid, the Foundation’s procedure shall be complied and the applicants shall be limited to those who are financially eligible.  Therefore, “financial eligibility” is still the premise for applicants to be approved for the litigation aid. 

After officially commissioned by the Council of Labor Affairs on July 1, 2005, the Foundation will continue to communicate and negotiate with the Council of Labor Affairs on the issues encountered in its practical implementation.