| 英文摘要 |
In recent years, a large number of cases highlight the issue that certain parties (in the case of labor-management disputes) are unable to obtain solutions through the mediation exercised by the Settlement of Labor-Management Dispute Act. It is also observed that these parties do not subsequently file a lawsuit as the current Code of Civil Procedure is not conducive to labor litigation. Hence, the Legislative Yuan in Taiwan passed the Labor Litigation Act in November, 2018, and enforced such Act on January 1st, 2020 in order to achieve a proper, professional, prompt, effective, and equal settlement of labor incidents in a timely manner. Particularly, this article mainly focuses on the Chapter II of the Mediation specified in the Act. Since the system is based on the Labor Trial Act implemented in 2006 in Japan, this article first analyzes the labor trial system in Japan; then examines issues essential to the labor mediation such as the scope, procedural jurisdictions, the subject, initiation, termination, and its relations to relevant litigation proceedings in Taiwan. Furthermore, this article compares the Act with the legislative case studies in Japan in order to provide a more comprehensive understanding of the labor mediation processes that accordingly can be used as a future reference after its implementation.
|
