Labor Incident Act Article 28

This English translation was last updated on 2018-12-05, but the Chinese text was amended on 2023-12-15. Later amendments may not be reflected in the translation — please refer to the Chinese text.

If the parties cannot reach an agreement in the mediation, the labor mediation committee shall, on its own initiative, take all things into consideration, and present an appropriate proposal, based on the premise of balanced interests for both parties, without violation of the main intention expressed by the parties. The proposal, as referred to in the preceding paragraph, should serve to confirm the rights and obligations of both parties, to order monetary payments, to deliver specific objects or other payments for property, or to establish appropriate actions for resolving individual labor disputes, and state the summaryreason and purpose of the proposal. The proposalshould be signed by the judge and the members of the entire committee. If and when the labor mediation committee deems appropriate, the committee may, during the mediation period with all parties present, orallyinform them of the content and reasoning ofthe appropriate proposal, and have the court clerk record the presentation in the mediation transcript. The provisions of Paragraph 2 and Paragraph 5 of the preceding Article apply mutatis mutandis to the appropriate proposal as described in the first paragraph.
中文原文 勞動事件法第28條
當事人不能合意成立調解時,勞動調解委員會應依職權斟酌一切情形,並求兩造利益之平衡,於不違反兩造之主要意思範圍內,提出解決事件之適當方案。
前項方案,得確認當事人間權利義務關係、命給付金錢、交付特定標的物或為其他財產上給付,或定解決個別勞動紛爭之適當事項,並應記載方案之理由要旨,由法官及勞動調解委員全體簽名。
勞動調解委員會認為適當時,得於全體當事人均到場之調解期日,以言詞告知適當方案之內容及理由,並由書記官記載於調解筆錄。
第一項之適當方案,準用前條第二項、第五項之規定。

English translation for reference only; the Chinese text prevails. Not legal advice.