Termination

According to the Labour Standards Act (Article 11) an employer may terminate the employment of an employee with advance notice only in the following circumstances: Where the employer’s business is suspended or transferred; Where the business is suffering losses or business contractions; Where force majeure necessitates the suspension of business for more than one month; Where a change in the nature of business necessitates the reduction of the workforce and the terminated employees cannot be reassigned to other suitable positions; or Where a particular employee is unable to satisfactorily perform the duties of the role …

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The minimum period of notice that an employer must give an employee when terminating their employment for one of the justified reasons stated in Article 11 of the Labour Standards Act depends on the employee’s length of service: An employee must be given 10 days’ advance notice when they have worked for an employer for more than three months but less than one year; An employee must be given 20 days’ advance notice when they have worked for their employer for at least one continuous year but less than three years; An employee must be given 30 days’ advance notice when they have worked for their employer continuously for more than three years …

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Employees whose employment is terminated by their employer for one of the reasons permitted under Article 11 of the Labour Standards Act (see Taiwan :: Dismissal) are entitled to severance pay …

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A fixed-term contract will automatically terminate upon expiry of the fixed-term without the need for notice to be served …

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An employee engaged under an indefinite-term contract may terminate the employment contract by giving the same amount of notice that is required to be given by their employer (see Taiwan :: Notice periods) …

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Mass layoffs are regulated by the Act for Employee Protection of Mass Redundancy …

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An employer may only lawfully terminate an employment agreement for the reasons allowed under the Labour Standards Act (see Taiwan :: Dismissal) …

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