A Study of the Termination with Advance Notice by Employer of Labor Contract and Protection in Taiwan

• Main Authors: WANG,SHENG-HSUAN, 王勝玄
• Other Authors: WANG,FU-CHING
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/38568555237575612603

碩士 === 國立雲林科技大學 === 科技法律研究所 === 104 === In recent years, due to global economic slowdown, Taiwan's economy was deteriorated. To survive, employers have to pursue profit, on the other hand, the actions employers take will affect the workers’ right to work. When the company receives less orders and generate less income, the employers may in the absence of compliance with the statutory requirements, unilaterally terminate the labor contract to reduce operating costs. It will affect the rights to work, household income and the overall stability of society. Labor Standards Law specifies employer advance notice of termination of the labor contract. The requirements of employer advance notice to terminate the labor contract (also known as redundancy dismissal), are under Art. 11.2 "a loss of business contraction" which is usually the issue of disputes, or Art. 11.5 "Labor did not do its work" which involves the performance evaluation system containing subjective and objective conditions. This usually cases dispute or litigation between employers and employees. Position to intervene to protect labors of public law based on the so-called " the principle of last resort " applicable on the theory and practice. Employers who disire to terminate the labor contract must comply with the principle of last resort, which is the basic principle of the protection. However, if the abuse occurred wrongful dismissal , in addition to the analysis of valid or invalid, it is also worth exploring that the workers take additional claim for damages request will lead to moral hazard or not. In addition, disputes between employers and employees can resolved by mediation and other ways. "Labor Dispute Resolution Law" is an important basis for handling disputes and maintaining relations. This Law was substantially revised in 2009 and became effective in 2011. This paper further analyzes the current situation, compares differences between various versions of Labor Dispute Resolution Law, and finally explores the potential impact on the relationship between employers and employees. This paper discusses the definition and characteristics of the labor contract, and then analyzes the employer advance notice of termination of jurisprudence and the principles of the labor contract, and thereafter resolves to require employers advance notice to terminate and protection, in addition to explore handler labor dispute rights matters. Finally, personal suggestions for future amendments refer to the relevant provisions of the Laws and regulations.