Research on the Legal Theory and Practice of Dismissals during the Probationary Period in Japan

• Main Authors: Hui-An Chang, 張惠安
• Other Authors: Neng-Chun Wang
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/5f8bh9

碩士 === 國立臺灣大學 === 科際整合法律學研究所 === 106 === 　　Though the legal rules about probationary period has been deleted from the labour code for a couple of years, the agreements of the period is still common in our country, since both employers and employees could have the chance to observe and determine whether they suit each other or not. But here comes the question: do the employers still have to obey the restrictions on dismissal during the period, and how do the restrictions differ from those after the period? In the case of dismissal, our courts tend to determine it without a clear and objective standard, thus lead to an unpredictable conclusion. By analysing the practical judgments of dismissal in Japan, I try to find out some splutions to this problem. 　　First I will figure out how the ‘legal theories on the abuse of dismissal’ developed in Japan throughout the years. By observing the practical applications of this principle in judgements, I try to generalize some conclusions about the cases of dismissal during and after the probationary period and compared them in several ways, in order to figure out the problems mentioned above. Finally, I will conclude these obseravtions, focus especially on the intensity of judicial review in each case, try to propose the amendment for the practical standards of dismissal during probationary period in my state.