Amendment to the "Regulations on Legal and Living Expense Assistance for Labor Disputes"

 

Susan Lo/Gloria Chu

 

On August 18, 2026, the Ministry of Labor amended Articles 2, 29, and 46 of the "Regulations on Legal and Living Expense Assistance for Labor Disputes." The primary purpose of this amendment is to expand the scope of legal assistance available to workers with occupational injuries to encompass criminal trial proceedings and to streamline the application process for living expense subsidies.

 

The three principal provisions of this amendment are as follows:

 

1.      Expansion of Legal Representation and Necessary Expense Assistance in Criminal Trial Proceedings for Occupational Injury Cases

 

To safeguard the fundamental rights of workers injured on the job and their families, this amendment formally expands the scope of assistance for attorney’s fees and necessary expenses from the original "criminal investigation proceedings" to include the entire "criminal trial proceedings." This ensures that workers with occupational injuries may receive legal assistance from the investigation stage through the conclusion of the trial, thereby enabling criminal judgments to serve as a basis for subsequent civil damage claims.

 

2.      Simplification of the Disbursement Process for Necessary Living Expenses During Litigation

 

The new regulation provides that when workers apply for disbursement, they are no longer required to submit receipts; instead, they need only provide a disbursement account in their own name. Alternatively, the Ministry of Labor may disburse assistance funds via checks that prohibit endorsement and transfer, thereby expediting the disbursement process.

 

3.      Specification of Phased Implementation Dates to Facilitate Supporting Measures

Considering that the expansion of assistance to criminal trial proceedings involves related administrative arrangements, this amendment shall be implemented in phases. The expansion of assistance to criminal trials shall take effect on January 1, 2027; other provisions, including the simplification of living expense disbursement, shall take effect as of the date of promulgation, August 18, 2026.

 

The purpose of this amendment is to eliminate legal and financial barriers encountered by workers in labor disputes and occupational injury litigation by permitting attorney participation in criminal trials related to occupational injury cases and integrating such participation with existing civil assistance mechanisms.

 

Lee and Li’s Labor Practice Group has extensive experience assisting employers in complying with developments in labor laws and regulations. Should you require any assistance, please feel free to contact the experts in our Labor Practice Group.