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.
中文原文 勞動事件審理細則第39條
勞動調解聲請人依本法第二十九條第四項為反對續行訴訟之意思者,法院應將其情形通知其他當事人及參加調解之利害關係人。
但於調解期日當場為之者,法院無庸通知到場之人。
逾本法第二十九條第四項所定不變期間,始為反對續行訴訟之意思者,法院應將其情形通知勞動調解聲請人,無庸為前項之通知。
以起訴視為調解之聲請者,如因本法第二十九條第三項規定視為調解不成立,應續行訴訟程序。
前項情形,如原告向法院為反對續行訴訟程序之意思者,無庸為第一項之通知;對於是否為訴之撤回有疑義時,審判長或受命法官應闡明之。

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