The Labor Incident Adjudication Rules Article 20

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.

If the parties file a motion or are deemed as filing a motion for labor mediation, with the exception of cases as described in the preceding two articles, the labor court judge shall, as soon as possible, designate two persons as labor mediators to jointly form a labor mediation committee.In the circumstances described in the preceding paragraph, the judge shall, depending on the type and characteristics of the case and other specific circumstances required to handle the case, appoint one person each from the labor division and business division of the court's labor mediators lists, taking into consideration their expertise, field of experience, and background.If a labor mediator, appointed in accordance with the preceding paragraph, is unable to perform his or her duties due to recusal, dismissal, death, or other circumstances, the judge shall appoint a successor from among other labor mediators of the group to which the said labor mediator belongs, taking into consideration the matters listed in the preceding paragraph.If both parties of the labor case are in agreement with electing labor mediators to form a labor mediation committee, the judge may appoint or replace the said labor mediators according to their agreement.
中文原文 勞動事件審理細則第20條
當事人聲請或視為聲請勞動調解,除有前二條所定情形者外,勞動法庭法官應儘速指定勞動調解委員二人,共同組成勞動調解委員會。
前項情形,法官應依個案事件之類型、特徵等具體情形之處理所需,自法院聘任列冊之勞動組、事業組勞動調解委員中,斟酌其智識、經驗之領域、背景等,各指定適當之一人。
依前項規定指定之勞動調解委員,因迴避、解任、死亡或其他情事致不能執行職務者,法官應自該勞動調解委員所屬組別之其他勞動調解委員中,斟酌前項所列事項,指定一人接任。
兩造合意選任組成勞動調解委員會之勞動調解委員者,法官得依其合意指定或更換之。

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