The Labor Incident Adjudication Rules Article 44
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 provisions of Article 419, Paragraphs 1 to 3 of the Taiwan Code of Civil Procedure shall not be applicable to labor mediation procedures. However, if the mediation movant, upon the date of an unsuccessful mediation, waives the right to oppose a continuance of litigation, as stipulated in Article 29, Paragraph 4 and Article 31, Paragraph 2 of this Act, then the provisions of Article 419, Paragraph 1 of the Taiwan Code of Civil Procedure shall still apply.The provisions of Article 436-12 of the Taiwan Code of Civil Procedure shall not be applicable to labor mediation procedures. However, such a provision shall not apply to the following circumstances:1. The mediation movant, upon the date of an unsuccessful mediation, waives the right to oppose a continuance of litigation, as stipulated in Article 29, Paragraph 4 and Article 31, Paragraph 2 of this Act.2. The initiation of an action is deemed as filing a motion for mediation.