The Enforcement Rules of the Labor Incident Act Article 5

This English translation was last updated on 2019-11-15, but the Chinese text was amended on 2023-08-23. Later amendments may not be reflected in the translation — please refer to the Chinese text.

In the case of labor cases for which a motion has been filed or those deemed to have filed a motion for mediation before the enactment of this Act, and the mediation procedures have not yet been completed, their mediation process shall still be conducted according to the procedures stipulated in the Taiwan Code of Civil Procedure. If the mediation, as mentioned in the preceding paragraph, is unsuccessful, and the case parties file a motion for an immediate oral argument of the litigation in accordance with the provisions of Article 419, Paragraph 1 of the Taiwan Code of Civil Procedure, the case shall be assigned to a labor court for appropriate handling, according to the circumstances of the case. The provisions of Article 16, Paragraph 1 of this Act do not apply to cases that are deemed as initiating an action when applying for a mediation, pursuant to the provisions of paragraph 2 and paragraph 3 of the Article 419 of the Taiwan Code of Civil Procedure, nor does they apply to cases where the effect of the legal action occurs at the time of filing the original action or when applying for issuance of a payment order, pursuant to the provisions of paragraph 4 of the same Article.
中文原文 勞動事件法施行細則第5條
本法施行前,已聲請或視為聲請調解之勞動事件,其調解程序尚未終結者,於施行後仍依民事訴訟法所定調解程序行之。
前項調解不成立,而經當事人依民事訴訟法第四百十九條第一項聲請即為訴訟之辯論者,應即送分案,由勞動法庭依個案情狀妥適處理;其依同條第二項、第三項視為自聲請調解時已經起訴,或依同條第四項規定自原起訴或支付命令聲請時發生訴訟繫屬之效力者,不適用本法第十六條第一項規定。

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