Labor Standards Act

法律內容提供：李育昇律師 員工績效不佳，公司可以直接資遣嗎？ 依《勞動基準法》第11條第5款，勞工對於所擔任工作確不能勝任時，雇主可以依法預告終止勞動契約。但不能僅因主管不滿意、員工考績不佳、業績未達標或表現不如預期，就認定當然符合資遣條件。 公司仍應提出客觀工作績效及不能勝任工作的具體證據，評估是否已採取合理改善措施，以及是否符合解僱最後手段原則。真正需要回答的是：工作要求是否合理、員工具體哪裡做不到、公司曾如何協助，以及為何已無其他合理可行的方法維持僱傭關係。 人資開始準備資遣文件以前，應先…

Legal Content Provided by: Li Yusheng Law Firm - What's the First Step When a Company Receives a Labor Mediation Notice? When a company receives a notice from an employee requesting labor dispute mediation, it should first confirm the competent authority, the mediation date, the employee's specific requests, the facts of the dispute, and the legal relationships involved. It should also immediately compile relevant personnel, salary, attendance, and termination contract information. The company should not be deemed to have violated the law simply because the employee requests mediation; however, it should not ignore the notice, arbitrarily fail to appear, or directly promise payment before assessing legal risks. Human Resources should first retain the notice and attachments, record the date of receipt, designate a contact person familiar with the facts, and then the company should confirm who has the authority to make statements, propose solutions, and sign agreements. Upon receiving a "Labour Bureau Notice," "Court Labor Mediation Notice," or "Complaint and Court Notice," the following steps should be taken…

Legal Content Provided by: Attorney Li Yusheng When a company discovers that an employee is suspected of embezzlement, accepting kickbacks, falsifying documents, or violating job duties, it should first preserve legally obtained relevant evidence, clarify the scope of authority and the facts of the conduct, and simultaneously assess the termination period of the employment contract, criminal liability, and civil claims. A company's suspicion of an employee's misconduct does not equate to having all the necessary elements for dismissal and criminal conviction. This article focuses on how companies can integrate investigations into major misconduct, termination of employment contracts, and civil and criminal prosecution. If the dispute primarily concerns the private interests and transaction prices between purchasing personnel and suppliers, a separate in-depth comparison of the supplier relationships and cash flow related to the purchasing manager's kickbacks should be conducted; a single criminal charge cannot replace the entire investigation. What is the first step for a company when it discovers that an employee is suspected of embezzlement, breach of trust, or major misconduct? Finance or…