解析勞動事件法之勞動調解程序

The Analysis of the Labor Dispute Settlement Procedures in Taiwanese Labor Dispute Settlement Law

勞動事件法之勞動調解程序由勞動法庭法官1人、具勞資事務學識、經驗之勞動調解委員2人所組成之勞動調解委員會進行調解，原則上應於3個月內以3次期日內終結，乃一迅速之紛爭解決程序。除當事人達成調解合意外，當事人兩造亦得合意由勞動調解委員會酌定調解條款，勞動調解委員會亦可在不違反兩造之主要意思範圍內，主動依職權提出解決事件之適當方案，具有多元的終結態樣。勞動調解程序作為訴訟之前置程序，在調解不成時由參與勞動調解之法官續行訴訟程序，調解程序中之相關資料，得於後續訴訟中斟酌，將調解程序與訴訟程序銜接轉換。相較於德、日法制，為我國法制上之特色。

The labor dispute settlement procedure promulgated by the incoming Labor Dispute Settlement Law (temporarily named herein) in Taiwan is processed by a labor dispute settlement committee composed by one labor court judge and two committee members with expertise and experience in labor dispute issues. This procedure, a prompt labor dispute resolution in principle, should be finalized by three court sessions held within three months. In addition, such procedure comprises multiple solutions to the labor disputes in Taiwan. Management and labor parties may agree to settle the disputes by themselves or through the proposal for settlement drafted by the aforementioned labor dispute settlement committee. Authorized by the Labor Dispute Settlement Law, such committee may also actively propose a labor dispute resolution for the management and labor parties. If the labor dispute settlement procedure fails to fulfill its purpose, the labor court judge who participated in the procedure may continue to preside over the following labor court proceedings and consider the dossiers compiled in the procedure. In sum, said interchangeable proceedings to dissolve labor disputes are exclusively possessed by Taiwanese legal system, compared to German and Japanese legal systems.