The Labor Incident Adjudication Rules Article 39
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 a labor mediation movant opposes the continuance of the litigation, pursuant to the stipulation in Article 29 Paragraph 4 of this Act, the court shall notify the other parties and interested parties participating in the mediation of this situation. However, if the objection is presented on the mediation date, the court is not required to notify the attending parties.If an objection to the continuance of the litigation is filed after the peremptory period, as stipulated in Article 29, Paragraph 4 of this Act, the court shall notify the labor mediation movant of the situation, and there is no requirement to perform further notifications, as stated in the preceding paragraph.If initiating an action is deemed as filing a motion for mediation, and if the mediation is deemed to be unsuccessful, pursuant to the stipulations in Article 29, Paragraph 3 of this Act, the litigation of the case shall proceed.In the circumstances as described in the preceding paragraph, if the plaintiff opposes the continuation of the litigation before the court, the court is not required to give notice, as stated in the first paragraph. Where there is doubt as to whether or not to withdraw the suit, the presiding judge or the commissioned judge shall clarify such doubt.