Taipei MRT Racist

The question came up earlier of the company not being able to fire him. Someone suggested his contract might contain a behavior clause. If he fought the termination, presumably the company could rely on 行政院勞工委員會八十八年十二月二十日台八十八勞資二字第○○五二三五五號函, a CLA interpretation from 1999. It doesn’t specifically address public insult or stalking, but it states that behavior that would normally be irrelevant outside of the workplace can be a basis for firing under certain conditions. The company is supposed to specify this in its (government approved) work rules.

[quote=“行政院勞工委員會八十八年十二月二十日台八十八勞資二字第○○五二三五五號函”]一、事業單位勞工於工作時間內倘確實有從事「色情媒介行為者」,工作規則將之列為不經預告終止僱用事由,當無不可。至於工作時間外,以其屬勞工私人行為,惟若其行為已有違社會公共秩序、善良風俗,具有具體事實足資證明已損害事業單位形象及名譽時,事業單位於工作規則將其列入不經預告終止僱用事由,尚無不妥。
[/quote]
(“Outside of work time, it would be the worker’s private behavior, but if such behavior has violated social/public order or good customs [moral standards], when there is sufficient evidence to prove harm to the business entity’s image and reputation, the business entity’s work rules may include it as a cause for termination of employment without advance notice, and this is not improper.”)