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.