The Limits of the Right to Take Disciplinary Measures: Focus on the Analysis of the Judgments in Taiwan
Date Issued
2008
Date
2008
Author(s)
Li, Li-Jane
Abstract
‘Disciplinary measures’ ordinary signifies disadvantageous treatment in the employment relationship which is clearly indicated as a sanction or punishment of an employee for having violated enterprise order. In the usual enterprise, it is institutionalized as disciplinary discharges, counseled dismissals, suspensions, wage decreases, warning, reprimands, and the like. From the employer''s perspective, such disciplinary measures are essential to enterprise order and interests. For workers, however, they represent a serious disadvantage in the labor relationship. Legal regulation has, therefore, been required to adjust both interests in a suitable manner.onsidering the necessity of studying ‘discipline’ issue in Taiwan, this research intends to review the current system of ‘discipline’ in Taiwan. First of all, this research analyzes the existing regulations and judgments related to ‘discipline’ to indicate the deficiencies of Taiwan''s current system. Second, this research studies the Japen''s current system, looking into the interaction on such issue among the courts and the scholars. Finally, taking advantage of a reference to Japan''s system and paying equal attention to theory and practice, this research attempts to provide some concrete solutions and reforms to resolve the problems existing in Taiwan''s current system.
Subjects
disciplinary measures
discipline
disciplinary discharges
counseled dismissals
suspensions
wage decreases
warning
reprimands.
Type
thesis
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