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Can companies with a worker probationary period terminate a worker’s contract at will during the probationary period?
  • Release Department:Information Management Section
  • 修改時間:2018-06-26
  • Post Dept:General Development Department

Although there is no express provision regarding the probationary period in the “Labor Standards Act”, the Ministry of Labor issued a letter in 1997 stating that the provisions of lay-off, termination as set forth in the “Labor Standards Act” shall still be observed during the probationary period. That means, when the business lays off or terminates its employees, there shall be a reason for the lay-off and termination. In particular, even if the employee being laid-off has not completed his/her probationary period, the employee will still be entitled to the severance pay pursuant to the “Labor Standards Act” and the “Labor Pension Act.”