The Pension Problem in Transferring Labour to Another Company

• Main Authors: TSENG, YA-LAN, 曾雅蘭
• Other Authors: 郭玲惠
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/00392864983446413655

碩士 === 國立臺北大學 === 法律學系一般生組 === 97 === The pension system in Taiwan has faced tremendous reform, and it is important to decide the application of the new law. However, there are more and more external and internal transfer situation in Asia, especially in Japan and Taiwan, and the working of the pension system is not clear enough when the transfer happens. In this article, the definition of job transfer will be introduced, and the legal problem of external transfer emphasized. Two kinds of the external transfer will be issued in this article: the termination of the original contract, and the continuation of the original contract. This article will discuss how the contract goes with the employee’s consent, and the application of ‘abuse of right’ principle. For the sake of the employee, this article tries to find the best way to solve the pension problem in transferring labor.