Labor Incident Act Article 45
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 a worker objects to the judgment made on a case that was initiated in accordance with Article 44-1 of the Taiwan Code of Civil Procedure, and Article 42 of this Act, and withdraws the appointment prior to the expiration of the labor union's appeal period, the worker may file an appeal himself/herself in accordance with the applicable laws. Upon receiving the judgment, the labor union should notify the workers of the verdict immediately, and should notify the workers in writing within sevendays, concerning its decision regarding whether to file an appeal. Multiple workers with common interests, who were not able to join a labor union during their employment, pursuant to the Labor Union Act, may jointly select a confederated labor union as the appointed party to initiate a lawsuit. However, the aforementionedaction must be within the scope of the appointed confederated labor union's purpose described in its charter, and located in the area where its labor services are provided, or the employer's domicile, residence, main business, or main office is within the demarcation of its organizational area. Multiple workers with common interests, who weremembers of the same labor union when leaving their jobs or retiring, may appoint the said labor union, if it is within the scope of the said union's purpose as described in its charter, as the appointed party to initiate the lawsuit. The provisions of Article 44-1 Paragraphs 2 and 3 of the Taiwan Code of Civil Procedure, and the provisions of this Act concerning a labor union initiating lawsuits as an appointed party for its members pursuant to the provisions of Article 44-1 Paragraph 1 of the Taiwan Code of Civil Procedure shall apply mutatis mutandis to the legal actions mentioned in the third and the fourth paragraphs.
中文原文 勞動事件法第45條
勞工對於民事訴訟法第四十四條之一及本法第四十二條訴訟之判決不服,於工會上訴期間屆滿前撤回選定者,得依法自行提起上訴。
工會於收受判決後,應即將其結果通知勞工,並應於七日內將是否提起上訴之意旨以書面通知勞工。
多數有共同利益之勞工,於在職期間依工會法無得加入之工會者,得選定同一工會聯合組織為選定人起訴。
但所選定之工會聯合組織,以於其章程所定目的範圍內,且勞務提供地、雇主之住所、居所、主營業所或主事務所所在地在其組織區域內者為限。
多數有共同利益之勞工,於離職或退休時為同一工會之會員者,於章程所定目的範圍內,得選定該工會為選定人起訴。
民事訴訟法第四十四條之一第二項、第三項,及本法關於工會依民事訴訟法第四十四條之一第一項為選定之會員起訴之規定,於第三項、第四項之訴訟準用之。
工會於收受判決後,應即將其結果通知勞工,並應於七日內將是否提起上訴之意旨以書面通知勞工。
多數有共同利益之勞工,於在職期間依工會法無得加入之工會者,得選定同一工會聯合組織為選定人起訴。
但所選定之工會聯合組織,以於其章程所定目的範圍內,且勞務提供地、雇主之住所、居所、主營業所或主事務所所在地在其組織區域內者為限。
多數有共同利益之勞工,於離職或退休時為同一工會之會員者,於章程所定目的範圍內,得選定該工會為選定人起訴。
民事訴訟法第四十四條之一第二項、第三項,及本法關於工會依民事訴訟法第四十四條之一第一項為選定之會員起訴之規定,於第三項、第四項之訴訟準用之。