The Labor Incident Adjudication Rules Article 7

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 all or part of a labor case involves intellectual property rights and the employer initiates a lawsuit with an intellectual property court, the worker may, pursuant to the provisions of Article 6, Paragraph 2 and second half of Article 7, Paragraph 1 of this Act, petition for the said case to be transferred to a general court, of the worker's choice, with jurisdiction to be adjudicated by the labor division of such court. If the employer initiates a lawsuit with a general court, the worker may petition for the said case to be transferred to an intellectual property court.In cases where the worker initiates an action or petitions for a mediation, and the employer objects to the agreed jurisdiction, where the court finds the parties' agreement concerning jurisdiction to be fair, considering the circumstances, the court may rule to transfer the case to the court of first instance, where the parties have agreed. However, this does not apply to cases where employers do not contest that the court lacks the jurisdiction and have made substantive arguments regarding the case.Workers who apply for case transfer, in accordance with the provisions of Article 6, Paragraph 2, the second half of Article 7, Paragraph 1 and Article 7, Paragraph 2 of this Act, should indicate their choice of court. In the event that this is not indicated, or the choice of court is without jurisdiction according to the law, the presiding judge shall immediately order a correction within a set period of time. If such a correction is not made within the time limit, the Court shall rule to reject the action.
中文原文 勞動事件審理細則第7條
勞工起訴或聲請勞動調解之事件,經雇主為合意管轄之抗辯,且法院認當事人間關於管轄之合意,按其情形未顯失公平者,得以裁定移送於當事人以合意所定第一審管轄法院。
但雇主不抗辯法院無管轄權而為本案之言詞辯論者,不在此限。
勞工依本法第六條第二項、第七條第一項後段及第十七條第二項規定為移送之聲請,應表明所選定之管轄法院。
未表明或所選定之法院依法無管轄權者,審判長應速定期間命其補正;逾期未補正者,法院應以裁定駁回之。

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