A Study of Labor Standards Act Article 14, Paragraph 1,Subparagraph 6 in Taiwan－Focusing on the Analysis of the Judgments
Date Issued
2016
Date
2016
Author(s)
Tsai, Ruei-Hung
Abstract
Both Article 12 and Article 14 of the Labor Standards Act are defined as the termination of a contract without giving advance notice to the employer by significant cause under the Article 489 of Civil Code. There is significant research on Article 12 resulting in numerous theories. However, research for Article 14 is hard to find. Among them, Act Article 14, Paragraph 1, Subparagraph 6 of the Labor Standards Act served as general clause of termination of a contract without giving advance notice to the employer by significant cause and this accounts for over 60% of relevant court judgments. Therefore, this thesis focused on Article 14, Paragraph 1, Subparagraph 6. It analyzes the requisite elements of Subparagraph 6 in court judgments over the past few decades. The thesis uses Subparagraph 6 to classify situations where labor declares the reason of termination and further look into labor contracts and regulations and how the court defines when an employer breaches a labor contract or violates any labor statute or administrative regulation in a manner likely to adversely affect the rights and interests of the particular worker. The thesis also analyzes the command disputes in Subparagraph 6, displaying the disputed issue and the trend for future judgements of clause 14, to be the cornerstone of the study of Article 14 of the Labor Standards Act.
Subjects
Article 14, Paragraph 1, Subparagraph 6 of Labor Standards Act
Article 14, Paragraph 2 of Labor Standards Act
the termination of the contract without giving advance notice
labor statute or administrative regulation
affect the rights and interests of the particular worker
significant cause
Type
thesis
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