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What should be the first step after a company receives a labor mediation notice?
When a company receives a notification from an employee requesting labor dispute mediation, it should first confirm the competent authority, the mediation date, the employee's specific request, the facts of the dispute, and the legal relationships involved, and immediately compile relevant personnel, salary, attendance, and termination contract information.
The company should not be deemed to have violated the law simply because an employee requests mediation; however, it is also inappropriate to ignore notifications, arbitrarily fail to appear, or directly promise payment before assessing legal risks. HR should first retain notifications and attachments, record the date of receipt, designate a contact person familiar with the facts, and then have the company confirm who has the authority to make statements, propose solutions, and sign agreements.
The procedures for handling "notices from the Labor Bureau," "notices of labor mediation from the court," and "complaints and notices from the court" are different. Each item on the document—the issuing authority, case number, due date, required documents, and response deadline—should be registered. If attachments are insufficient, confirmation should be obtained from the handling authority; the deadline cannot be allowed to pass simply because the company has not yet approved it.
| Priority Confirmation Items | Information and decision-making that the company should prepare |
|---|---|
| Nature and date of notification | Verify the issuing authority, procedure name, receipt date, and deadline for attending and submitting documents; if necessary, inquire about rescheduling or proxy methods as early as possible. |
| Employee request and amount | List requests for wages, overtime pay, severance pay, and confirmation of employment separately, and verify the calculation period, basis, and whether there are any duplicates. |
| Company handling process | Organize the onboarding, salary changes, performance reviews, disputes, notifications, and departures according to the actual dates, and compare them with the original documents. |
| Completeness of evidence | Keep original copies of contracts, work rules, salaries and attendance records, emails and conversations, and confirm the custodian and any omissions. |
| Negotiation and Litigation Directions | Distinguish between the amount due, the part that can be contested, and the matters to be investigated, and set the authority for negotiation, the conditions for performance, and the preparation for subsequent litigation. |
For the company's daily management systems, please refer to other relevant documents.Common Labor Disputes and Their Resolution MethodsThis article focuses on evidence, defenses, and settlement decisions after formal notification has been received.
What are the differences between labor bureau mediation, court labor mediation, and labor litigation?
Local government labor dispute mediation: dispute resolution outside of litigation
Local governments, in accordance with the Labor Dispute Resolution Law, handle mediation to assist both parties in clarifying and negotiating their rights and obligations.Explanation of the Mediation System of the Ministry of LaborEither party to the labor union or the management may apply to the local government where the labor service is provided and may appoint an agent to attend the settlement in accordance with the established procedures. The agent should carry a valid power of attorney, and the company must internally confirm the scope of the settlement authorization.
An employee's request for mediation only indicates that the dispute has entered the processing stage; it does not mean that the competent authority has determined that the company has violated the law. Labor inspections, investigations into illegal acts, and administrative penalties each have their own requirements and procedures; the same incident may involve different procedures simultaneously, and the company should handle them separately. The outcome of mediation cannot be taken as a penalty decision.
Court-mediated labor disputes: a principle that must be followed up, but with legal exceptions.
according toArticle 16 of the Labor Incident ActIn principle, labor disputes must first undergo labor mediation by the court; direct litigation without meeting the exceptions will be considered a mediation application. Statutory exceptions include the circumstances described in Article 406, Paragraph 1, Subparagraphs 2, 4, and 5 of the Civil Procedure Law, namely, when mediation by other statutory mediation bodies fails and a counterclaim is filed, and when notices must be served by public notice or sent abroad; and disputes arising from Article 12 of the Gender Equality in Employment Act.
Having a dispute previously handled by the Labour Department does not mean that all cases are exempt from court mediation.It should be confirmed whether a legally authorized mediation body has indeed failed to reach an agreement on the same matter, and relevant records should be provided; general coordination, private negotiation, or simply submitting an application should not be directly considered as meeting the exception criteria. Even if the circumstances qualify for exemption from pre-procedures, the parties may still apply to the court for labor mediation; according to Article 22 of the same law, the court may not reject the application for mediation simply because other legally authorized bodies have failed to reach an agreement.
Labor litigation: The court makes a judgment based on the request, evidence, and law.
Disputes concerning employment relationships, wages, overtime pay, severance pay, and retirement benefits may escalate into labor litigation. Court-mediated labor disputes are conducted jointly by a judge and a labor mediation committee member; litigation, on the other hand, involves the court hearing the parties' claims and defenses. Upon receiving litigation documents, the company must respond to each specific claim, and cannot simply repeat statements such as "the company has not violated the law" or use the general explanation given during mediation.
Must the company accept the mediation conditions proposed by the employees?
Not necessarily. Mediation is a means of resolving disputes; it does not mean that all employee requests are justified, nor does it mean that the company must accept the amount requested. The company should first break down the legal basis, calculation method, and evidence for each request before deciding whether to admit it, contest it, or propose a conditional solution.
For example, to verify whether wages have been paid, payroll details and bank records should be checked; for severance pay, the reason for termination, applicable policy, seniority, and average wage should be confirmed first; for overtime pay, attendance and actual work should be compared. Legally due payments should not be mixed with amounts "paid only for the purpose of settlement," otherwise disputes over calculation and performance are likely to arise.
A company can assess the possibility of settling a specific dispute with a clear amount and performance conditions, but it should first confirm which requests the payment corresponds to, whether the employment relationship remains in effect, how the termination date is agreed upon, and the legal scope of handover, data return, and confidentiality obligations. Conditional agreements must clearly state the conditions and the order of performance, and cannot simply state "all issues between the parties are resolved" without specifying the period and matters covered.
Court mediation also carries procedural time constraints. According to Articles 28 and 29 of the Labor Dispute Resolution Act, after the court mediation committee proposes an appropriate solution, the parties involved or interested parties participating in the mediation must legally raise objections within a fixed period of ten days after the date of service or notification; otherwise, the mediation is deemed established according to the solution. The company cannot assume the solution is invalid simply because "I didn't sign it." (See attached text for reference.)Judicial Yuan Labor Mediation Procedures ExplanationIt is important to check as early as possible whether the received document is an invitation to negotiate or mediate, or an appropriate proposal with a deadline for objection.
How can a company defend itself against an employee's claim of wrongful dismissal?
The company should first determine whether the employee is seeking reinstatement, continued salary, severance pay, or other forms of termination of the illegality. The factual and legal basis for different requests may differ; if an employee makes several or alternative requests, they must respond to each request separately and cannot treat all requests as a single compensation issue.
The core of the defense is the specific facts and legal basis for termination that existed at the time. If Article 11 of the Labor Standards Act applies, the grounds for severance and related procedures should be verified; if termination is carried out without notice under Article 12, the corresponding grounds, evidence, and the period of exercise must be confirmed. Performance evaluations, work rules, investigation records, notice content, delivery status, and termination date should correspond to each other, and a set of reasons inconsistent with the original process cannot be changed afterward.
When a dispute involves embezzlement, breach of trust, or serious misconduct, the evidence and termination criteria for the investigation should be checked separately. (Refer to the relevant guidelines.)Investigation and dismissal of employees for serious misconduct, embezzlement, or breach of trustFiling a criminal complaint or internal determination of misconduct does not automatically prove the termination of the employment contract was legal.
It's not enough to just estimate the final amount lost in the case; the temporary injunction to continue employment must also be assessed.
according toArticle 49 of the Labor Incident LawIf a worker files a lawsuit to confirm the existence of an employment relationship, and the court deems it likely to succeed and the employer does not face significant difficulties in continuing to employ the worker, the court may, upon the worker's request, order the company to continue employing the worker and paying wages until the case is resolved. If the first instance court has already ruled that an employment relationship exists, the second instance court should make that decision upon the worker's request.
This is not an automatic reinstatement upon employee request. The company should still provide specific explanations regarding the likelihood of winning the case and the practical difficulties in continuing employment; however, simply stating that trust between the parties has been lost cannot replace an analysis of evidence and legal requirements. Upon receiving a petition or ruling, responses, remedies, and enforcement arrangements should be processed promptly, rather than waiting until the judgment in this case is final.
How should a company prepare evidence when employees request overtime pay, unpaid wages, or severance pay?
Employers should not rely solely on employees to prove all matters. There are specific provisions regarding the submission and presumption of documents in labor disputes. If a company fails to retain relevant information or fails to submit documents without a justifiable reason in accordance with a court order, it may face both procedural and substantive adverse judgments.
Article 23 of the Labor Standards Act requires payroll records to be kept for five years; Article 30 requires attendance records to be kept for five years, with daily entries down to the minute, and employees cannot be refused copies or photocopies when requesting them. In the event of a dispute, routine deletion of relevant original data should cease, and non-essential access should be preserved and restricted in accordance with the law; any missing data should be truthfully explained, and records should not be fabricated to reflect existing information.
| Labor Incidents Act stipulates | The response the company should take |
|---|---|
| Article 35: Obligation to submit documents required by law | Organize payroll records, attendance records, and other relevant documents that should be preserved according to law, and confirm the scope and time limit required by the court. |
| Article 36: Effects of failing to comply with orders without justifiable reason | It may be subject to fines or compulsory penalties; the court may also determine that the evidence proves the facts to be true. If there are legitimate concerns such as confidentiality, these should be explained to the court in detail, rather than being rejected outright. |
| Article 37: Presumption of Payment in Wage Disputes | If it is proven that the worker received payment from the employer under an employment relationship, it is presumed to be remuneration for work. If the company claims that a payment is not wages, it should explain its nature and provide evidence of the relevant policy and actual payment. |
| Article 38: Estimation of Attendance Time | The time recorded in attendance records is presumed to be the time during which duties were performed with the employer's consent. Any counter-evidence should be assessed against specific work, rest, leave, and management records. |
The above assumption does not mean that all hours arbitrarily filled in by employees will be true, but companies cannot deny overtime simply because "there is no overtime application form." Daily comparisons should be made of work schedules, clock-in/out records, actual tasks assigned, emails, work results, rest and leave records, and whether supervisors were aware of or accepted the work. When claiming that an employee's overtime was merely for personal reasons, verifiable facts should be presented, and general assumptions should not be relied upon.
Wage disputes require verification of all payments, payment periods, reasons for deductions, and actual payment records; severance pay disputes require verification of seniority, average salary, and termination reasons. Organizing these into a detailed list of "employee requests, company opinions, corresponding evidence, and pending confirmations" is more helpful for mediation and litigation than simply having a single, unnumbered personnel file.
After a labor-management mediation is established, can the company still be sued?
First, we need to determine what type of mediation it is and what issues were actually resolved.Article 23 of the Labor Dispute Resolution LawWhen a local government's labor dispute mediation is successful, it is generally considered a contract between the parties; if one party is a labor union, it is considered a collective bargaining agreement. This does not mean that every local mediation record has the direct effect of a definitive judgment.
When one party fails to fulfill its private legal obligations under the mediation, the other party may rely on...Article 59 of the same lawThe application for court-ordered enforcement still requires review through legal procedures. If further litigation occurs, the company should submit a settlement agreement, payment records, and other proof of performance to demonstrate whether the dispute has been resolved and whether the claim remains valid.
Court-mediated labor disputes are handled according to Articles 26 to 29 of the Labor Dispute Resolution Act: Mediation agreements recorded in the minutes have the same effect as a final judgment; agreements reached by both parties and submitted to a committee for discretionary terms, or appropriate solutions without legal objection, may also constitute a mediation agreement. The validity of resolved matters should not be confused with the contractual validity of local government mediation.
Before signing, each claim should be confirmed individually: what requests and periods are covered, whether the employment relationship is terminated, when and how payments will be made, how handover and return of documents will be completed, and how breaches of contract will be handled. Disputes not included, disputes over the validity of the mediation itself, or issues related to its performance may still trigger subsequent procedures. Private agreements do not automatically preclude investigations or penalties by competent authorities in accordance with the law, nor can they promise that all administrative responsibilities will disappear after signing the mediation agreement.
If mediation fails, what should the company do next?
The company should obtain and retain mediation records, distinguishing between facts that have not yet been ascertained, the other party's persistent demands, and the company's genuine counter-evidence, before deciding whether to conduct further negotiations, prepare a response, or make necessary requests. Witnesses, original files, and payment documents should be compiled as early as possible; it is not advisable to wait until the first court hearing to inquire whether the handling supervisor remembers the events.
If local government mediation fails, it doesn't automatically lead to court litigation based solely on the record; however, court-mediated labor disputes are subject to subsequent litigation regulations. According to Articles 29 and 31 of the Labor Dispute Resolution Act, if mediation fails, the judge involved in the mediation will, in principle, continue the litigation unless the petitioner objects to proceed within a fixed ten-day period after being notified. Companies should be aware of the next stage based on actual notifications, rather than assuming they don't need to prepare simply because they haven't received a new complaint.
Whether to settle should be determined by comparing potential liability, ongoing wage risks, litigation costs, time invested by management and HR, and the impact on reputation and operations. Maintaining a defense on disputed aspects does not preclude the fulfillment of legal obligations; wages or other due statutory payments will not cease entirely simply because mediation or litigation has commenced.
What are the most common mistakes companies make when they receive notices of mediation or litigation?
The procedure and time limit were not identified.Mixing labor bureau negotiations, court mediation, and labor inspections together can easily lead to missed appointment, response, or objection deadlines. Companies should designate a receiving and agent point of contact to ensure that notices are handled by authorized personnel.
Accepting all requests without verifying the information, or rejecting them all.The willingness to negotiate and legal recognition should be expressed separately. A company can argue for calculations or propose an overall solution, but it should not sign payment or rights settlement clauses with unclear scope without understanding the period, amount, and legal effects.
Refusing to provide information or fabricating records afterward.Documents that are legally required to be preserved and submitted must not be concealed simply because they are detrimental to the company; if there are any omissions, they should be explained truthfully and legal alternative evidence should be sought. Supplementary records should indicate the actual date of creation and the basis for the record, and must not be disguised as original performance evaluations, receipts, or attendance documents.
Punishment, pay cuts, or dismissal may be imposed on employees who request mediation.Article 8 of the Labor Dispute Resolution LawThis restricts employers from ceasing operations, halting work, terminating contracts, or engaging in other actions detrimental to workers during mediation, arbitration, or adjudication proceedings related to the labor dispute. The key point is the connection between the period and "due to the dispute," not all normal personnel measures are prohibited; however, if there are independent reasons, objective evidence must be presented and other legal restrictions must be examined. Retaliation cannot be disguised as management measures.
Only the amount paid on that day was processed, without considering subsequent litigation.Whether the termination was legal, whether the employment relationship continued, whether the handover of documents was completed, and the effects of unfulfilled terms may all be more important than the difference in the negotiated amount. The company should examine the feasibility of resolving the dispute and its practical implementation before proposing a solution.
How does Fidelity Law Firm assist companies with labor disputes and litigation?
Fidelity Law Firm can assist with preliminary assessments, compilation of personnel and salary evidence, analysis of requests and defenses, and handling of mediation attendance, settlement negotiation, labor disputes, and litigation representation, based on notices received by the company and employee claims. In cases involving wrongful dismissal, confirmation of employment, wages, overtime pay, or severance pay, the facts, procedures, and risks of performance should be assessed together.
Businesses can also handle cases individually and...Legal ConsultantWork integration involves examining contracts, attendance, and management processes based on issues discovered during disputes; related services can be found here.Labor legal services for companies and employersThe legal course of action will depend on the facts and evidence of each case, and will not be guaranteed to be legal or to result in a successful lawsuit.
Frequently Asked Questions (FAQ)
If the company receives a mediation notice from the labor bureau, is it mandatory for them to attend?
Appropriate representatives or legally authorized agents should be arranged according to the notification; this should not be ignored. Those unable to attend should confirm the rescheduling and agency method with the organizing authority as soon as possible. Attendance and document provision requirements must be judged according to specific procedures; all absences should not be considered as absolved of responsibility or necessarily subject to penalty.
Does an employee's application for labor mediation mean the company has broken the law?
This does not mean that a mediation application is the beginning of dispute resolution; the request still needs to be verified against the law and evidence. Labor inspection, determination of illegality, and administrative penalties are separate procedures.
Can a company refuse the amount of compensation requested by an employee during mediation?
You may present a well-founded dispute or alternative, but you should distinguish between the amount actually payable and the disputed portion. If you receive an appropriate offer from the court, you must also be aware of the statutory objection period; the lack of a signature alone cannot be used to determine that the claim is invalid.
If a company receives a labor mediation notice, does it need to hire a lawyer?
Not every individual labor dispute is legally mandated to involve the appointment of a lawyer. If the dispute involves the validity of dismissal, reinstatement, long-term wages, multiple claims, or substantial sums, it is advisable to complete a legal assessment and authorization preparation before the first court appearance to avoid acknowledging or signing anything without understanding the implications.
What are the risks of labor litigation if the company does not have complete attendance records?
This may affect the defense of working hours and also involves statutory preservation and submission obligations. Failure to submit information in accordance with a court order without justifiable reason may result in disciplinary action and adverse factual findings; any omissions should be clarified truthfully and other evidence should be preserved, and no fabrication is permitted afterward.
After a labor-management mediation is established, can the employee file another lawsuit?
It is necessary to distinguish between the contractual effect of local government mediation and the final judgment of court mediation, and to examine the original mediation's coverage, validity, and whether it has been performed. The mere existence of "mediation establishment" does not negate the extinction of all subsequent claims or administrative responsibilities.
How should a company respond if an employee requests to be reinstated after being dismissed?
First, verify the grounds for termination, the notice, the timeline, and the evidence to confirm whether a lawsuit to confirm the employment relationship or a request for provisional injunction has been filed. If the requirements of Section 49 of the Labor Dispute Resolution Act are met, the company may be required to continue employing and paying the employee until a judgment is final. The company should promptly respond and handle the ruling in accordance with the law.
Has the company received a notice of labor mediation or labor litigation?
If the company has received a labor mediation notice from the Labor Bureau, a labor mediation notice from the court, or labor litigation documents filed by the employee, it is recommended to first compile the relevant notices, employee requests, personnel information, salary and attendance records, and the course of the dispute, and have Fidelity Law Firm assist in assessing the direction of defense, mediation, and litigation.
Contact Fidelity Law Firm|LINE Inquiry|02-7709-3611
Regulatory verification: October 24, 2026. This article provides general legal information; individual cases still require assessment based on specific data and applicable regulations.
