A Study of Labor Standards Act Article 14, Paragraph 1,Subparagraph 6 in Taiwan－Focusing on the Analysis of the Judgments

• Main Authors: Ruei-Hung Tsai, 蔡瑞紅
• Other Authors: 王能君
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/6j4vxa

碩士 === 國立臺灣大學 === 法律學研究所 === 104 === 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.