Labor Incident Act Article 49

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 court recognizes that the case for confirming the existence of an employment relationship, as initiated by the worker, has a chance to prevail, and that the employer has no major difficulties in continuously employing the worker, the court may order a temporary status quo injunction, based on the worker's motion, forcontinuous employment and payment of wages. If the court of first instance delivers a judgment recognizing the existence of an employment relationship, court shall make a disposition in favor of the worker's motionas presented in the preceding paragraph. The court shall exempt the motions, as described in the preceding two paragraphs, from the requirement of a security. If the court revokes a ruling, as mentioned in paragraph 1 and paragraph 2, due to the worker receiving a binding and losing judgment, the court may,on the employer's motion, order the workerto return the paid wageswithin the scope of revocation, and the added interest since the date of receiving the wages. However, this provision does not apply, if the worker has provided labor services pursuant to the ruling, as described in paragraph 1 and paragraph 2. The ruling ordering the return of paid wages, may be appealed, and the execution of the ruling stays, pending suchappeal.
中文原文 勞動事件法第49條
勞工提起確認僱傭關係存在之訴,法院認勞工有勝訴之望,且雇主繼續僱用非顯有重大困難者,得依勞工之聲請,為繼續僱用及給付工資之定暫時狀態處分。
第一審法院就前項訴訟判決僱傭關係存在者,第二審法院應依勞工之聲請為前項之處分。
前二項聲請,法院得為免供擔保之處分。
法院因勞工受本案敗訴判決確定而撤銷第一項、第二項處分之裁定時,得依雇主之聲請,在撤銷範圍內,同時命勞工返還其所受領之工資,並依聲請附加自受領時起之利息。
但勞工已依第一項、第二項處分提供勞務者,不在此限。
前項命返還工資之裁定,得抗告,抗告中應停止執行。

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