A Study on the Article 11 of Labor Standards Act in Exerting Dismissal Right

• Main Authors: Pei-Cheng Chao, 趙培正
• Other Authors: Jiann- fay Yan
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/pzywb5

碩士 === 健行科技大學 === 企業管理系碩士班 === 106 === Dismissal is an act that an employer unilaterally exercises the right against labors, which is one of the strictest measures employers can take. At the aspect of labor, economy, livelihood and protection are closely intertwined. At the aspect of employees, the principle of contractual freedom, or so-called economic consideration, is appropriately considered. Based on the interests of these two aspects, to what extent, can a proper balance be attained? Limitations on employers’ exercise of the dismissal right are set internationally either in looseness or strictness. In Taiwan, employers take the initiative to exercise the dismissal right in accordance with the provisions of Article 11th of the Labor Standard Law. Such an Article refers to the legislation of the just cause; in other words, unless the statutory provisions of the law is violated, the employer shall not exercise the dismissal right. The relevant literature and judicial cases are used in this paper to find out the disputes, while business owners are dealing with the economic dismissal or the exercise of the dismissal right. Based on the analysis of judicial precedents, the findings in this paper show that even though the enterprise lays off workers in accordance with the stipulations of Article 11 and Article 12 of the Labor Standard Law in exercise of their power of dismissal, there are still no reasonable or consistent dismissal standards so far. Consequently, the enterprise just chooses their favors by law. It therefore still causes frequent labor disputes. There is still much room to strengthen the labor right and living support for certain laborers. In the paper, the author gives proposals to set up reasonable and consistent dismissal standards within each items of Article 11 of the Labor Standard Law as well as in reference with the disposal procedures made in Germany and Japan in compliance with legality the principle of last resort to balance the rights and interests between the enterprises and labor.