The Labor Incident Adjudication Rules Article 81

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.

In a motion filed by workers, as described in Article 50 of this Act, explanations should be made that the employer's actions concerning the worker's job transfer is likely to have violated labor laws, group agreements, work rules, labor-management conference resolutions, labor contracts or labor norms, and that the employer has no significant difficulty in continuously employing the workers in their original position.The temporary status quo injunction issued by the court, as described in the provisions of Article 50 of this Act, is limited to continuous employment in the original position or working in a new position that both parties agree on.The job description agreed to by the workers and the employer, in accordance with the provisions of Article 50 of this Act, shall be submitted in writing to the court. However, the said agreement may be submitted orally to the court or the commissioned judge on the court date.
中文原文 勞動事件審理細則第81條
勞工為本法第五十條之聲請者,就雇主調動勞工之工作,有違反勞工法令、團體協約、工作規則、勞資會議決議、勞動契約或勞動習慣之虞,且雇主依調動前原工作繼續僱用非顯有重大困難,應釋明之。
法院依本法第五十條規定所為之定暫時狀態處分,以依原工作或兩造所同意工作內容繼續僱用為限。
勞工與雇主依本法第五十條規定所同意之工作內容,應以書狀提出於法院。
但於期日,得以言詞向法院或受命法官為之。

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