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What are the conditions under which an employer does not need to notify a worker in advance of employment termination? What are the conditions under which a worker is not entitled to severance pay?
  • 修改時間:2018-06-26
  • Post Dept:General Development Department

As provided in Article 12 of the Labor Standards Act, in any of the following situations, an employer may terminate a labor contract without advance notice: 1. Where a worker misrepresents any fact at the time of signing of a labor contract in a manner which might mislead his/her employer and thus cause him/her to sustain damage therefrom; 2. Where a worker commits a violent act against or grossly insults the employer, his/her family member or agent of the employer, or a fellow worker; 3. Where a worker has been sentenced to temporary imprisonment in a final and conclusive judgment, and is not granted a suspended sentence or permitted to commute the sentence to payment of a fine; 4. Where a worker is in serious breach of the labor contract or in serious violation of work rules; 5. Where a worker deliberately damages or abuses any machinery, tool, raw materials, product or other property of the employer or deliberately discloses any technical or confidential information of the employer thereby causing damage to the employer; 6. Where a worker is, without good cause, absent from work for three consecutive days, or for a total of six days in any month. Where an employer desires to terminate a labor contract pursuant to Subparagraphs 1 and 2, and Subparagraphs 4 to 6 of the preceding paragraph, he/she shall do so within thirty days from the date he/she becomes aware of the particular situation. Where the worker violates the aforementioned items, the employer is not required to pay the severance pay.