A Study of the Termination of Labor Contract in the Republic of China from the Perspective of International Labor Law

• Main Authors: Huang, Chen-Yu, 黃楨祐
• Other Authors: Chao, Shou-Po
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/s23v3y

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 102 === The recent rapid change in the global economy has resulted in the many ups and downs in the economic development in many countries including the Republic of China on Taiwan. Such phenomenon has given rise to the fact that many employers have been forced to downsize the scale or to change the contents of their enterprises, or to reduce the number of their employees. All these changes, of course, have often produced negative effects upon the job security of the employed; and the termination of employment contract has become increasingly common. This, certainly, would cause serious social problems, making the state pay a high price for the solution of these problems. In Taiwan, many labor laws, both individual and collective ones, have been enacted to govern the relations between the employer and the employed. The Labor Standards Law is one of them; this Law has provided for the guidelines for the termination of employment (labor) contract; however, these guidelines, are mainly a principle regulation; many issues arising from the termination are not clearly dealt with . This has created controversies and disputes between the management and the employees. Furthermore, in practice, the management (the employer) normally often plays the initiative role in a termination of a labor contract. This often makes the employed suffer in employment, earning and living. With the above in mind, this thesis tries to induce and summarize the internationally acceptable rules for the termination of employment contract through the study of the international labor law as provided in the relevant conventions of the International Labor Organization (ILO) and to use the above-mentioned induction and summarization to analyze and appraise whether or not the Taiwanese labor law governing the labor contract termination meet the international standard in this regard. After the study, this thesis has concluded that for the purpose of giving more reasonable protection to the employed and for Taiwanese labor law to be more in compliance with the international standards, the labor law in Taiwan regarding employment contract termmctive must be revised and strengthened to the degree that governing rules for the termination of labor contract in Taiwan can really give proper and fair protection for the employees.