The Labor Incident Adjudication Rules Article 18
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.
The judge should first investigate the legality of the motion as presented in the written motion for labor mediation and then act in the following manner:1. If the court has no judicial power or jurisdiction over the case, the motion may be ruled to be transferred to the court that has the judicial power or the jurisdiction, in accordance with a motion or ex officio. However, if the motion cannot be transferred, it shall be dismissed;2. If other illegal circumstances in the motion exist, it shall be dismissed. However, if such circumstances may be rectified, the court shall order such a rectification within a set time frame;3. In case that any of the circumstances, as stipulated in Article 406 Paragraph 1 Subparagraph 4 or 5 of the Taiwan Code of Civil Procedure exists, the motion may be directly dismissed.If initiating a litigation case is deemed as filing a motion for mediation and shall be dismissed under the provisions of subparagraph 2 of the preceding paragraph, such a case shall be reclassified as a labor litigation case and then be dismissed, pursuant to Article 249, Paragraph 1 of the Taiwan Code of Civil Procedure.