Employment Termination Advance Notice

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Upon the termination of employment contract between employer and employees, it is required for the employer to notify such termination to the employee in advance. Advance notice period is a protection termination measure, which aims to make sure the mutual parties have sufficient times to prepare and handle. If the employer fails to notify the termination in advance, it is required to compensate the employee the wages during the advance notice period.

 

The advance notice period is as varied as different service period, the advance notice period including the weekend and national holidays. The advance notice period of employment cessation as below:

  1. 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.
  2. 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.
  3. Where a worker has worked continuously for more than three years, the notice shall be given thirty days in advance.

 

In the condition of the arrival period of terminated employee under 3 months, the advance notice period cannot be specified, and the mutual parties should make a resolution themselves. The employee can take a leave of absence during working hours to find another job during the receival of advance notice period. The leave hours shall not exceed 16 working hours and the payment shall be paid as usual.

 

The employer is also required to submit the name, gender, age, address, phone number, position, termination reason, and the necessity of employment service items of the terminated employee to the local competent authority and public employment service institutions.

 

The 10 days advance notice period is included the weekend and holidays. The start date is effective as the termination date, but if the cause of termination is related with catastrophe, force majeure or the misunderstandings by mutual parties shall be finished within 3 days from the date of termination.

 

If the number of terminated employees is more than 10 persons, the employer is required to provide the mass redundancy termination plan.

 

The employer who fails to proceed or delay the termination notice shall be fined therefore an amount of at least NT$ 30,000 and at most NT$ 150,000.

 

Kaizen also provides the abovementioned professional services about the termination notice. Please feel free to liaise with us for further information.

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