Minimum period of advance notice
When an employer terminates a labor contract, he shall govern the minimum period of advance notice:
- Where a worker has worked continuously for more than three months but less than one year, the notice shall be given ten days in advance.
- Where a worker has worked continuously for more than one year but less than three years, the notice shall be given twenty days in advance.
- Where a worker has worked continuously for more than three years, the notice shall be given thirty days in advance.
After receiving the advance notice, a worker may, during hours of work, ask for leave of absence for the purpose of finding a new job. Such leave of absence may not exceed two work days per week. Wages shall be paid during such leave of absence.
Where an employer terminates the contract without serving an advance notice within the time limit, he shall compensate the advance notice period by wages.
Legitimate reasons of terminating a labor contract with advance notice
No employer shall, even by advance notice to a worker, terminate a labor contract unless one of the following situation arises:
- Where the employers’ businesses are suspended, or has been transferred.
- Where the employers’ businesses suffers an operating losses, or business contractions.
- Where force majeure necessitates the suspension of business for more than one month.
- Where the change of the nature of business necessitates the reduction of workforce and the terminated employees can not be reassigned to other suitable positions.
- A particular worker is clearly not able to perform satisfactorily the duties required of the position held.
Legitimate reasons of terminating a labor contract WITHOUT advance notice
In any of the following situations, an employer may terminate a labor contract without advance notice:
- Where a worker misrepresents any fact at the time of signing of a labor contract in a manner which might mislead his employer and thus caused him to sustain damage therefrom.
- Where a worker commits a violent act against or grossly insults the employer, his family member or agent of the employer, or a fellow worker.
- 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.
- Where a worker is in serious breach of the labor contract or in serious violation of work rules.
- 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.
- Where a worker is, without good cause, absent from work for three consecutive days, or for a total six days in any month.
Where an employer desires to terminate a labor contract, he shall do so within thirty days from the date he becomes aware of the particular situation.
The severance pay is based on the employee’s seniority: an amount equal to half a month of average wages for every full year of employment, and in proportion for a period of employment lasting less than one full year; the foresaid severance shall not exceed more than six months of average wages.
We assume an employee:
- With monthly salary at TWD 55,074;
- Leaves on the 15th of the month;
- Has 10 days of unused paid-leaves;
- Has worked in the company for 1 year, 4 months, and 23 days
then, the last payroll includes:
|1||Partial monthly salary||25,702 = 55,074 / 30 * 14|
|2||Compensation for unused paid leaves||18,358 = 55,074 / 30 * 10|
|3||Severance pay||Half of base salary: 27,537 = 55,074/2|
Severance pay: 38,475
=27,537 (1 year) + 27,537 / 12 * 4 (4 months) + 27,537 /12/30*23 (23 days)