Clarification of Labor law

I am reading the Taiwanese labor law ( laws.cla.gov.tw/eng/flaw/flawdat … d=FL014930 )

Under Article 17 it says:

When an employer terminates a labor contract pursuant to the preceding article, he/she shall pay severance pay to the worker in accordance with the terms set forth below:

  1. A worker who has continuously worked for a business entity owned by the same employer shall be entitled to severance pay equal to one month of average wage for each year of service.
  2. Severance pay shall be paid in proportion to months of service not comprising a full year where it is in the computation of service period under the preceding paragraph or where the period of service is less than one year. Any fraction of one month shall be deemed to be one month.

I been working in my current company for 1 year. So according to the above would that mean if i get fired then the company has to pay me 1 month extra if i get fired ?

Could depend on the reason you are fired (article 11)

In my minimal time in Taiwan. I haven’t come across someone who got fired.
They drive you out through harassment/other bias stuff to put you off so much that you quit and not need to pay the severance fee.

That does seem to be the way things are done. They’ll also just wait until the contract ends and then not renew it.

That’s cool! I’ve never known anyone with a Contract either! :laughing: :laughing:

I been asking to get fired, but they won’t …

You’ve never known anyone with a contract? What kind of work do you do?

Article 11 No employer shall, even by advance notice to a worker, terminate a labor contract unless one of the
following situation arises:

  1. Where the employers’ businesses are suspended, or has been transferred.
  2. Where the employers’ businesses suffers an operating losses, or business contractions.
  3. Where force majeure necessitates the suspension of business for more than one month.
  4. 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.
  5. A particular worker is clearly not able to perform satisfactorily the duties required of the position held.

So this is related to contract termination, but then…

Article 17 When an employer terminates a labor contract pursuant to the preceding article, he/she shall pay
severance pay to the worker in accordance with the terms set forth below:

  1. A worker who has continuously worked for a business entity owned by the same employer shall be
    entitled to severance pay equal to one month of average wage for each year of service.
  2. Severance pay shall be paid in proportion to months of service not comprising a full year where it is
    in the computation of service period under the preceding paragraph or where the period of service is less
    than one year. Any fraction of one month shall be deemed to be one month.

So he should get severance pay, right?

No severance pay if the reason is that the contract ends.

I assume you are referring only to fixed term contracts.

The law divides employment contracts into fixed term and non-fixed term contracts, and any continuous employment over 1 year is considered “non-fixed term” and such employees enjoy the full protection of the labor standards law, including its provisions for severance pay.

The contract signed every 1, 2 or 3 years by the average foreign white collar employee specifies job role, pay, vacation, and other conditions over that set period of time. It does not mean that employment is automatically terminated at the end of it. Unless properly terminated on legally allowed grounds, it is assumed to continue.

what if you reverse the behaviour and piss around at work and make their life a living hell instead?