Workers of Closed-Off factories win legal case - Labor groups call on Ministry of Labor to drop all lawsuits

On March 7, Taipei High Administrative Court ruled against the Ministry of Labor (formerly Council of Labor Affairs) on the Closed-off Factories Case. At the ruling, which constitutes a “Public Law Dispute,” the court said that payments made by the Ministry of Labor at the time were compensatory in nature, and that as the five-year time limit to state a cause of action had expired, the plaintiff had lost the right to such an action. Two years ago, the Ministry of Labor (formerly Council of Labor Affairs) filed a lawsuit seeking the reimbursement of compensation money lent to closed-off factory workers 17 years earlier – legally known as subrogation. Closed-off factory workers had believed that the money paid 17 years earlier was severance pay and pension money they fought to win.

Over the last two years, the factory workers have continued to take a stand and fight, persisting with this 17-year battle. The history of this struggle has included a surprise attack on the Presidential Palace, a 9-day huger strike in front of the Council of Labor Affairs, and lying across the rail tracks in Taipei Main Station. Workers from Tung-ling Electronics Co (東菱電子), Lien-fu Textiles Co (聯福紡織), and Hsing Lee Paper Co (興利紙業) stood holding pictures of 5 deceased colleagues, comrades who had died on the long struggle bearing the burden of the Council of Labor’s lawsuit on their backs; the greatest tragedy is that these workers were not present to witness the ruling at Taipei High Administrative Court. “We are not satisfied with the ruling but can accept it because some of the workers have already passed away. We are grateful to the judge for passing this judgment, and hope the others quickly follow suit,” said Secretary General of Taiwan International Workers' Association (TIWA), Chen Hsiu-lien (陳秀蓮).

Workers of Closed-Off factories win legal case
- Labor groups call on Ministry of Labor to drop all lawsuits
URL:https://www.peopo.org/news/234955

(以下是中文對照)
關廠工人案公法判決勝訴 勞團呼籲勞動部全面撤告

照片

臺北高等行政法院在3月7日做出關廠工人案首例判決，駁回勞動部（原勞委會）告訴。判決中說明關廠工人案屬「公法爭議」，勞動部當年借貸這些款項是補償性質，勞動部請求權五年時效已過，因此已消滅請求權，無權請求。勞動部（原勞委會）兩年前向關廠工人提告，要求償還十七年前國家借貸關廠工人「代位求償」的費用，關廠工人認為這些是十七年前他們抗爭爭取而來的退休金、資遣費。

關廠工人這兩年持續抗爭，「抗爭這條路」傳唱十七年，歷經突襲總統官邸、勞委會前絕食九天、臺北車站臥軌抗議等，東菱自救會、聯福自救會、興利紙業自救會等各關廠工人代表，手捧五位工人往生的遺照，這些在抗爭路途中離世的戰友們，背著被勞委會提告、借貸不還的汙名往生，看不到今天臺北高等行政法院的判決結果，實屬最大的遺憾。臺灣國際勞工協會秘書長陳秀蓮說：「我們不滿意這樣的判決，但可以接受，因為工人們已經老了。我們感謝有一位法官做出這樣的判決，希望其他法官跟進。」