公告與函件
Ann. & Notice

Letter from the Ministry of Labor regarding the labor rights and interests of workers and their employers in agreeing on a reasonable probation period

This official document explains whether the employer and the employee can set a "probation period" and whether the employer can terminate the labor contract at will during the probation period. Simply put, the probation period is a term stipulated by both parties in the spirit of freedom of contract, and the government must respect it and not interfere. However, if there is an arbitrary dismissal clause in the contract, it is naturally inconsistent with public order and good customs and should be deemed invalid from the beginning.

 

In addition, the above explanatory text makes several important explanations:
(1) Employers are subject to the Labor Standards Act and other relevant labor laws and regulations for workers during the probation period, regardless of contract termination, labor conditions and related welfare matters, which are no different from general workers.
(2) The probation period is stipulated in the contract. If an extension is necessary, the employer shall negotiate with the employee and shall not make a one-sided decision.
(3) If the employer wishes to terminate the labor contract with the employee during the probation period or upon expiration, the employer must still meet the conditions specified in the proviso of Article 11, Article 12 or Article 13 of the Labor Standards Act before it can terminate the labor contract, and shall not terminate the labor contract on the basis of probation. The employer may enter into a fixed-term labor contract or agree with the employee that the contract may be terminated at will.
(4) Continuing from the above, when the employer terminates the contract in accordance with the provisions of Article 11 or 13 of the preceding paragraph, the employer shall give notice within the period specified in Article 16 of the same Act and pay severance pay in accordance with Article 12 of the Labor Pension Regulations. If the employer fails to If the contract is terminated according to the specified period of notice, the wages for the period of notice shall be increased.

 

For employers, special attention needs to be paid to these matters that are not usually paid much attention to.

 

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