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The "Labor Assistance Law" consultation between the government and the public has been shelved, and the legal on-the-spot and sunset provisions have been postponed to fight again.

Published: 2024-09-16 Author: mysheen
Last Updated: 2024/09/16, The "Labor Assistance Law" consultation between the government and the public has been shelved, and the legal on-the-spot and sunset provisions have been postponed to fight again.

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The guidance Law on Factory Management (hereinafter referred to as the Labor Assistance Law) held consultations between the government and the public of the Economic Committee today (28). In the result of the previous consultation (May 6), there is still no positive treatment of the two key provisions of "sunset clause" and "legality on the spot". In addition, legislator Lin Daihua even proposed many absurd amendments to exchange farmland for industrial development, but at the same time. The relevant laws on the right of personnel consent of the Central Election Commission are still being examined by the Legislative Yuan, and the chairman of the consultation, Lai Ruilong, thought it more important and announced that the negotiation of the Labor Assistance Law would be postponed.

The sunset clause and on-the-spot legality shall be shelved through negotiations between the government and the public.

Yesterday (27) the ring delegation jointly held a press conference with farmers, calling on legislators to set sunset deadlines for specific factories, to determine the compatibility between sporadic factories and agricultural areas, and to ensure that factories in agglomeration areas implement the overall plan. And include "citizen litigation" provisions in the laws and regulations to enable the public to save themselves.

However, the two key provisions of the "sunset clause" and "legality on the spot" concerned by the ring delegation were not directly discussed and dealt with in the discussion on the amendment of the law on the 6th of this month.

In part of the sunset clause, draft amendment 28 / 5 was adopted by the Committee, meaning that unregistered factories established before 520 in 2016 can apply for "specific factory registration" after applying for management, paying management assistance and proposing improvement plans. However, there is no deadline for the end of the factory, which is equivalent to no sunset.

In addition, in draft amendment 28 to 10, operators only need to pay a return fee of 5% and provide a legal plan for the use of land, which is tantamount to legalizing these factories on the spot in disguise.

Cai Peihui: will still actively strive for negotiation

Legislator Tsai Peihui said that although today's negotiations have been postponed, she will still actively put forward the two key provisions of the "sunset clause" and "legality on the spot" in future negotiations. Wu Qirong, commissioner of the Earth Citizens Foundation, said that as long as legislator Tsai Pei-hui can stick to the two provisions of "sunset clause" and "local legality," she will remain optimistic about the amendment to the Labor Assistance Law.

Ring tours: not hinder the development of small and medium-sized enterprises, but should provide pragmatic and specific content

Guo Hongyi, a full-time lawyer for the Environmental Rights Protection Foundation, stressed that non-governmental organizations absolutely do not stand on the opposite side of hindering the development of Taiwan's small and medium-sized enterprises, but want a law that is reasonable for all industries. He said that "industrial development at all levels and adhering to the use of agricultural land" should be the principles that the government should abide by, and should also put forward more pragmatic and specific contents. For example, how long does it take to achieve the separation of farmers and workers? How much time does it take to plan a small industrial park? How much loan funds are provided to upgrade the technology of small and medium-sized industries, share pollution and management costs? All these must be made clear to the public and the industry.

Wu Qirong, commissioner of the Earth Citizens Foundation, pointed out, "do you want to set a sunset time limit for tutoring illegal factories?" Is it 1999 or 1999? " He even criticized that without a detailed sunset deadline and a guidance mechanism, factories could be legalized on the spot only by paying money and submitting plans, so would these factories automatically go to industrial areas planned by the government? It's just going to be even more rampant. He asked: how long will Taiwan have to wait before it can see the government formulate policies that are good for all industries? "Don't use farmland as a victim of industrial development."

Photo by Yang Rumen, founder of 248 Agricultural Market, Duan Yaxin

The farmers around the regiment made three demands, calling on all political parties to pull back from the brink of the precipice and return the farmland to agricultural use.

In conclusion, Wu Qirong reiterated that the current political Yuan version of the draft still does not have a positive and positive treatment of the "sunset clause" and "local legality", and that agricultural land is still at risk of becoming a victim of industrial development, and hopes that the bill will be considered and discussed in detail tomorrow, but as for the absurd and erroneous amendment proposed by member Lin Daihua, do not give priority to others.

Huantuan and a number of farmers jointly put forward three demands: first, a sunset deadline must be specified for the registration of specific factories. It is also necessary to specify a time limit for the relocation and closure of medium and high pollution counseling plants; second, local legality should be clearly limited to industries that are sporadic and compatible with agricultural areas, so as to ensure the implementation of overall planning in agglomeration areas. In addition, the identification of pollution industries and the legal employment of agricultural factories on the spot should be returned to the Environmental Protection Department and the Council of Agriculture respectively. Third, industrial land speculation should be curbed, and industrial problems should not be sacrificed at the expense of agricultural land and the environment for agricultural development. It is also hoped that the provisions of "citizen litigation" can be included, so that when administrative laziness does not enforce the law, the public can still have a channel to save themselves. It is hoped that the ruling government and legislators will rein in on the brink of the precipice and let the farmland really return to agricultural use.

 
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