Labor Incident Act Article 7
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.
Concerning the jurisdiction agreement for the first instance in labor cases,if one of the parties is aworker, and the agreement isclearly unfair, theworker may initiate an action directly in othercourts that has jurisdiction. If the workeris the defendant, the worker may petition to transfer the case to otherjurisdictional court of his/her selection prior to the start of the oral arguments of the trial; however, the said provisions do not apply to the cases which continue after the parties fail to reach an agreement in labor mediation.The ruling relating to the petition as described in the preceding paragraph may be appealed.
中文原文 勞動事件法第7條
勞動事件之第一審管轄合意,如當事人之一造為勞工,按其情形顯失公平者,勞工得逕向其他有管轄權之法院起訴;勞工為被告者,得於本案言詞辯論前,聲請移送於其所選定有管轄權之法院,但經勞動調解不成立而續行訴訟者,不得為之。
關於前項聲請之裁定,得為抗告。
關於前項聲請之裁定,得為抗告。