Chapter 4 Provisional Remedy Proceedings
When a worker applies for a decision of a civil dispute pursuant to the Act for Settlement of Labor-Management Disputes, he/she may file a motion with the court for a provisional attachment, a provisional injunction, or a temporary status quo injunction, prior to the decision being made.
If a worker files a motion for a provisional attachment, a provisional injunction, or a temporary status quo injunction in order to secure a compulsory execution or to avoid exacerbating the damagesbased on the request of the decisionafter the arrival of a written decision, subject to the following conditions, the decision may be used as the declaration of the grounds for the provisional attachment, the provisional injunction, or the temporary status quoinjunction, and the court shall not order the worker to provide security prior to the action as a precondition for a provisional remedy:
1. The decision has not been approved by the court;
2. The employer initiated a civil suit with the court based on the same event as that of the decision.
Before the decisionis finalized, the provisions of Paragraph 1, Article 529 of the Taiwan Code of Civil Procedure shallnot apply to the preceding two paragraphs. For decisionsnot being approved by the court, if the worker initiates an action based on the decision within thirty days of receipt of the notification, the provisions of Paragraph 4,Article 50 of the Act for Settlement of Labor-Management Disputes shall not apply.
If a worker files a motion for a provisional attachment, a provisional injunction, or a temporary status quo injunction in order to seek wage payment, workers' compensation, pension or severance pay, or compensation and confirmation of the existence of an employment relationship, as defined in Paragraph 1 and Paragraph 3, Article 72 of the Labor Insurance Act, the dollar amount of the security as ordered by the court pursuant to Paragraph 2 and Paragraph 3, Article 526 of the Taiwan Code of Civil Procedure shall not be more than one tenth of the claimed price or value.
In the case of the preceding paragraph, if the worker has clarified to the court that furnishing security will impose great hardships to his/her livelihood, the court should not order such security.
The provisions of the two preceding paragraphs apply mutatis mutandis to when a labor union appointed pursuant to the provisions of Article 44-1 of the Taiwan Code of Civil Procedure, or Article 42 of this Act, files a motion for a provisional attachment, a provisional injunction, or a temporary status quo injunction.
When the court discovers that a litigation case in which the worker motions for payment of wages, workers' compensation, pension or severance pay, causes greathardships to his/her livelihood, the court should inform the worker that he/she may motion for a temporary status quo injunction to receivea certain payment ex ante.
If the court recognizes that the case for confirming the existence of an employment relationship, as initiated by the worker, has a chance to prevail, and that the employer has no major difficulties in continuously employing the worker, the court may order a temporary status quo injunction, based on the worker's motion, forcontinuous employment and payment of wages.
If the court of first instance delivers a judgment recognizing the existence of an employment relationship, court shall make a disposition in favor of the worker's motionas presented in the preceding paragraph.
The court shall exempt the motions, as described in the preceding two paragraphs, from the requirement of a security.
If the court revokes a ruling, as mentioned in paragraph 1 and paragraph 2, due to the worker receiving a binding and losing judgment, the court may,on the employer's motion, order the workerto return the paid wageswithin the scope of revocation, and the added interest since the date of receiving the wages. However, this provision does not apply, if the worker has provided labor services pursuant to the ruling, as described in paragraph 1 and paragraph 2.
The ruling ordering the return of paid wages, may be appealed, and the execution of the ruling stays, pending suchappeal.
If the worker initiates an action to confirm the ineffectiveness of a job transfer or in resuming the original position, and the court considersthat the employer's action 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 worker in the original position, the court may grant a temporary status quo injunction, based on the worker's motion, for continuing the employment in the original position, or for working witha new position that both parties agree on.