It is common to use a mutual term agreement to end the employment relationship. The terms of this agreement vary case by case.
An employer can terminate an employment contract with notice (or with pay in lieu of notice) and with severance pay only in one of the following circumstances:
● Stoppage of business or a transfer of ownership.
● Business losses or curtailment of business operations.
● Suspension of operations for more than one month due to a force majeure event.
● Alteration of the business nature, forcing a reduction in the number of employees where those employees cannot be reassigned to other suitable positions.
● The employee is incapable of performing the tasks assigned.
The employer must give the former employee proof of termination of the employment contract and documentation regarding the last day of work. The employee and employer should both sign these documents. An employer can terminate an employment contract without advance notice or severance pay only in one of the following circumstances:
● Misrepresentation of the facts by the employee at the time the labour contract was signed which leads, or may lead, to the employer suffering damage.
● Acts of violence by the employee against the employer, the employer’s family or representative, or other employees.
● Serious breaches by the employee of the employment contract or work rules.
● The employee has been sentenced to temporary imprisonment in a final judgment, which cannot be suspended or commuted to a fine.
● Purposeful damage or abuse to the employer’s property by the employee.
● Intentional disclosure by the employee of the employer’s technological or business secrets.
● The employee’s absence from work for three consecutive days, or for six days in a month, without justifiable reason.
The minimum period of notice required for an employer to terminate an employee:
● Employed for more than 3 months, but less than 1 year: 10 days’ notice.
● Employed for more than 1 year, but less than 3 years: 20 days’ notice.
● Employed for more than 3 years: 30 days’ notice.
Notice Period
The minimum period of notice required for an employer to terminate an employee:
● Employed for more than 3 months, but less than 1 year: 10 days’ notice.
● Employed for more than 1 year, but less than 3 years: 20 days’ notice.
● Employed for more than 3 years: 30 days’ notice.
Once an employee has received notice, the worker may ask for leave during work hours (not more than 2 days a week), for the purpose of finding a new job. During this time the employee must still receive their wages.
If an employer dismisses an employee without providing the requisite notice period, the employer must pay wages for the whole notice period.
Severance Pay
Generally, severance is 50% of the average monthly pay per year of service, up to a maximum of six months’ pay. For foreigners and local employees that are still under the LSA pension system, severance is one month’s average pay for each year of service.
Probation Period
In Taiwan, there isn’t a predetermined probation period. The Act gives the flexibility to employers and employees to decide the length of the probation period. There isn’t a maximum limit for this duration. However, typically, the probation period is set for 3 months.