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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 22:30
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Chapter Law Content

Chapter 4 Provisional Remedy Proceedings
Article 77
When workers file a motion with the court for a provisional seizure, provisional disposition, or a temporary status quo injunction, as described in the stipulation of Article 46 of this Act, their request for a provisional remedy is limited to that of a civil dispute case, where workers may petition the competent authority for a ruling in accordance with the Act for Settlement of Labor-Management Disputes.
The decision that replaces the preliminary showing, as stipulated in Article 46, Paragraph 2 of this Act, is limited to the portion of the decision made concerning the petition for a provisional remedy.
If a statement of decision is submitted before the court makes a ruling on the motion filed by workers, as described in Article 46, Paragraph 1 of this Act, the provisions of Article 46, Paragraph 2 of this Act shall apply; the same shall apply if said submission is made after an interlocutory appeal is filed.
Article 78
If the statement of decision has not been approved by the court, the employer may petition the court to revoke the ruling on the provisional attachment, provisional injunction, or temporary status quo injunction. However, this provision does not apply if workers initiate an action regarding the claims in the arbitration decision within thirty days of receipt of the notification stating that the said decision is not approved by the court.
Before the court revokes the ruling, as mentioned in the preceding paragraph, workers should be given the opportunity to express their opinions.
Article 79
If the motion filed by workers, as described in Article 47, Paragraph 1 of this Act, fails to explain the legality of the request, or dispute, and the reasons for a provisional remedy, the court shall rule to reject the motion, even though it has been explained in the motion that the provision of security will cause major hardships to the workers' livelihood.
Article 80
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.
Article 81
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.
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