The Labor Incident Adjudication Rules Article 80

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 49 of this Act shall also apply in cases where employers initiate an action to confirm the non-existence of an employment relationship.In a motion filed by workers, as described in Article 49 of this Act, explanations should be made stating that the lawsuit has a chance to prevail and that the employer has no major difficulties in terms of continuously employing the workers.The court shall give the parties an opportunity to express their opinions before making a ruling, as described in Article 49, Paragraph 4 of this Act.
中文原文 勞動事件審理細則第80條
本法第四十九條規定,於雇主提起確認僱傭關係不存在之訴者,亦有適用。
勞工為本法第四十九條之聲請,就其本案訴訟有勝訴之望,且雇主繼續僱用非顯有重大困難,應釋明之。
法院為本法第四十九條第四項之裁定前,應使當事人有陳述意見之機會。

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