The Jurisdiction of the Court in Resolving Labor Disputes

According to the Ordinance, the Court has jurisdiction to resolve the following labor cases:

(1) Individual labor disputes between employees and employers regarding:

- Rights and interests related to employment, wages, income, and other labor conditions;- The implementation of labor contracts;- During apprenticeship.

These disputes are mediated by the grassroots reconciliation committee or the labor mediator of the district labor agency but are unsuccessful, except for individual labor disputes that do not necessarily require mediation at the grassroots level such as:

- Disputes over the handling of labor discipline in the form of dismissal or cases of unilateral termination of labor contracts;- Disputes over compensation for damages to the employer.

(2) Collective labor disputes between groups of employees and employers regarding:

- Rights and interests related to employment, wages, income, and other labor conditions;- The implementation of collective labor agreements;- The right to establish, join, and operate trade unions.

These disputes have been resolved by the provincial labor arbitration council, but the collective labor group or the employer disagrees with the decision of the labor arbitration council.

To be specific: outlined in the Ordinance on Procedures for Resolving Labor Disputes 1996:

- The district court resolves primary trial labor cases in the case (1) mentioned above, except for cases under the jurisdiction of the provincial court.- The provincial court has jurisdiction to resolve the following labor disputes in primary trial:- Labor disputes in case (2);- Labor disputes in case (1) involving foreign elements;- Labor cases under the jurisdiction of the district court that the provincial court may take up for resolution if necessary.

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