Rules Governing Organization
of Employees' Welfare Committee
The Rules have been prescribed pursuant to Article 5 of Employees' Welfare Fund Act.
The Rules shall include the following:
1.Name of the Committee
2.Address of the Committee
3.Organization of the Committee and handling of affairs
4.Number of members and term of Committee
5.Appointment, dismissal and recall of, and resignation by members
6.Norms of meetings
7.Safekeeping and withdrawal of the Fund
The Committee of factories, mines, and other business entities shall appoint from seven to a maximum of twenty-one members. The Committee of business entities having one thousand or more employees may appoint up to a maximum of thirty-one members.
The Committee may appoint one of the committee members as the ex officio member. All other members are determined as described below:
1.The method used to elect committee members shall be determined by the business entity and the union separately. The elected committee members of union should elect at least two-thirds of the committee members.
2.For business entities without a union, the committee members are determined by the business entity and the welfare committee. In this case, the method used to select members is determined by the business entity. Labor representatives are elected by all employees.
Substitute members should be also be elected at the same time. The number of substitute members shall not exceed one-third of all members.
Two or more business entities may jointly form one committee for the convenience, with members elected according to the previous two articles.
The Committee has one chairperson in charge of committee affairs. A deputy chairperson may be appointed. Both are elected by members.
Committee memberships are positions without pay, with terms ranging from one to three years. The term begins from the day they assume office. This day shall not be beyond the fourteenth day from the day of the last term expired.
No more than two-thirds of members shall rerun and be reelected. The ex officio member's term is not limited.
After new chairperson takes over, the Committee shall complete transferring documents regarding the Fund and other assets within ten days following the change of chairperson.
For failure to complete the transfer within ten days for legitimate reasons, the new chairperson shall submit a report to competent authorities with reasons included.
In case the chairperson cannot perform duties for some reason, the deputy (chairperson) shall take over. A chairperson shall be elected if there is no deputy.
When the number of members fall below half of required number, the original Committee shall be notified to elect new members to make up for the difference.
The Committee shall hold election of members thirty days before existing members' term expires. Competent authorities shall notify committees having not held such election fifteen days before expiry to hold the election within fifteen days. For committees that fail to comply, Competent authorities may designate personnel to hold such election.
The Committee meets every three months. When necessary, an ad hoc meeting shall be called.
Member meetings are called by the chairperson.
Chairperson shall call an ad hoc meeting within seven days following written appeal by one third of members.
For chairperson failing to call a periodic or ad hoc meeting for no legitimate reasons, a report may be filed with Competent authorities after being approved by one third of members. Competent authorities may designate one of the members to call the meeting.
The Committee shall submit the following information toCompetent authoritiesfor review:
1.Rules and regulations
2.Rosters of members and staff
3.Address of the Committee
4.Date on which the Committee was established
In the event of change(s) to the first three items above, a report shall be presented to Competent authorities.
Responsibilities of the Committee are as follow:
1.Review, promotion, and supervision of employees' welfare undertakings
2.Planning, custody, and withdrawal of the Fund
3.Distribution, audit, and revenues and expenditures of the funds of employee welfare undertakings
4.Other issues related to employee welfare
The Committee shall draw up plans and prepare budgets for the next year within one month before end of the year, to be passed by member meeting resolutions and submitted to Competent authorities for review. Within three months following end of year, the Committee shall submit a report on execution of plans and budgets to Competentauthoritiesfor review, with a copy sent to the business entity to which it belongs.
The Committee may set up an employee welfare cooperative.
Prior to setting up an employee welfare cooperative, relevant information shall be submitted to Competent authorities for registration and supervision.
The Cooperative shall provide the following services based on employee needs and funding:
2.Dormitory or housing
4.Daycare or kindergarten
8.Supply of articles of daily use
9.Other services regarding employee welfare
Recipients of above services are limited to the business entity's employees and their dependants. The Cooperative shall be self-sufficient without siphoning monies from the Fund for its operation.
The Committee may have one chief executive instated to assist the chairperson in running daily business. Several staff members under the chief executive are grouped to help run Committee business.
The Cooperative is headed by one person, in charge of the Cooperative, with several staff members under him/her.
Chairperson of the Committee shall request the business entity to which it belongs to elect employees for above positions, working part-time. Business entities having five hundred or more employees may have one to five employees taking up these positions full-time
For unions organized by workers who have no definite employers, their welfare committee members shall be elected according to the rules drawn up by the union, to be carried out in accordance with the Rules.
The Rules take effect from the day they are published.