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Our firm is a professional Taipei law firm that specializes in corporate legal advisory services. Our senior lawyers have been selected as the best Taipei lawyers to recommend. Our corporate legal advisor team has 20 years of practice experience and rich practical experience. Our team members are from Taipei Legal Each firm has its own areas of specialization, specializing in corporate legal counsel, legal consulting, commercial lawyer negotiation services, civil litigation, criminal litigation, investigation and defense, etc. Team members work together to fight for the best rights and interests of clients.

Can an employee be dismissed for poor performance? How can a company prove incompetence and legally terminate their employment?

Legal Content Provided by: Attorney Li Yusheng Can a company directly dismiss an employee due to poor performance? According to Article 11, Paragraph 5 of the Labor Standards Act, an employer may legally terminate the employment contract with advance notice when an employee is deemed unable to perform their job duties. However, dismissal cannot be automatically granted simply because the supervisor is dissatisfied, the employee's performance review is poor, performance targets are not met, or the performance is below expectations. The company should still provide objective evidence of work performance and incompetence, assess whether reasonable improvement measures have been taken, and whether the principle of dismissal as a last resort applies. The real questions that need to be answered are: whether the job requirements were reasonable, where exactly the employee failed to perform, how the company provided assistance, and why there were no other reasonable and feasible methods to maintain the employment relationship. Before HR begins preparing dismissal documents, they should first…

What should a company do if it receives a labor mediation notice? Employee filing a complaint, labor litigation, and corporate defense strategies.

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…

Can a company directly dismiss an employee for serious misconduct, embezzlement, or breach of trust? How can a company investigate and file a lawsuit?

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…

What should a company do if it discovers its purchasing manager is accepting kickbacks? First, investigate the purchasing process, supplier relationships, and cash flow.

When a company discovers that its purchasing manager or employee is suspected of receiving kickbacks from suppliers, the most important first step is usually not to immediately confront the employee, nor to decide whether to sue for breach of trust or embezzlement, but rather to preserve evidence. The real questions to investigate in purchasing kickback cases are: What purchasing authority did this employee originally have? Why did the supplier pay him? Did the purchase price increase as a result? Did the company lose discounts or better terms it could have obtained? Were there any false quotes, false invoices, inflated prices, or related-party transactions? Did the kickback ultimately flow to the employee, their relatives, or other companies? Confronting too early might result in the deletion of LINE messages, emails, quotation materials, or supplier records; filing a lawsuit based solely on a single private transfer might also fail due to a lack of evidence…

What to do if your company's management is summoned by the investigation bureau or your company is searched? First, organize your decision-making, accounts, and cash flow.

If a company's head, director, or executive suddenly receives a notification from the investigation bureau, the first thing they should do is not rush to guess what crime they have committed, nor rely solely on memory to give a statement. Instead, they should first confirm their legal status, the transactions or events under investigation, whether other executives have been questioned, and whether contracts, ledgers, bank statements, emails, and company decision-making records corroborate each other. If the company has already been searched, they should immediately confirm the scope of the search, which mobile phones, computers, ledgers, and company documents were actually seized, and whether they might be directly transferred to the district prosecutor's office for further questioning. These types of corporate and white-collar criminal cases typically involve more than just reviewing a single document; they require cross-referencing decision-making processes, transaction purposes, accounting records, fund flows, and statements from relevant personnel. Therefore, the earlier original data is preserved and a timeline established…

What are the common violations of commercial accounting law? A comprehensive overview of everything from falsified accounting vouchers and ledgers to inaccurate financial statements.

The core of commercial accounting law cases is not "a crime is committed simply because the accounts are wrong," but rather determining whether accounting vouchers, ledgers, or financial statements do not match actual transactions, and whether relevant personnel knowingly created, recorded, used, or intentionally omitted false information. Whether company leaders, accountants, or those entrusted with accounting matters are criminally liable cannot be determined solely by their professional titles; it requires comparing actual transactions, sources of vouchers, accounting procedures, bank flows, decision-making processes, and the individual's subjective understanding. What do Articles 71 and 72 of the Commercial Accounting Law punish? Article 71 of the Commercial Accounting Law targets commercial leaders, principal and handling accountants, or those legally entrusted with handling accounting matters. The five types of conduct are: knowingly creating vouchers or recording false information in ledgers; intentionally misrepresenting vouchers, ledgers, etc.

Overseas Orders and International Trade Risks: Important Considerations for Export Contracts, Payment, Delivery, Acceptance, and Dispute Resolution

Overseas orders, export contracts, and international trade risks: Before signing, confirm the terms of overseas orders. Don't just look at the purchase order and amount; payment, delivery, acceptance, risk transfer, governing law, and dispute resolution clauses all affect subsequent recovery. For high-volume exports, new customers, partial deliveries, or cross-border payment arrangements, the contracting parties, payment parties, receiving parties, and agency relationships should be confirmed first. If overseas customers default on payments, whether the contract clearly states jurisdiction, arbitration, place of payment, and supporting documentation will directly affect the actual recovery rate. Overseas orders are not safe just because there is a purchase order; international trade risks must be controlled before shipment. When Taiwanese companies receive overseas orders, they most easily look at the order amount, customer background, and delivery date. However, in international trade, the real risk is often not whether production is possible, but rather…

What to do if your company can't collect payments? A complete guide to debt collection, payment orders, and forged attachments for businesses.

When a company is owed money, has bounced checks, or faces malicious delays in payment from customers, can it directly sue for fraud? This article, written by a lawyer, analyzes the boundaries between civil debt and criminal fraud, evidence collection, payment orders, false attachment, and the liability of responsible persons, assisting companies in recovering funds and reducing transaction risks, providing a comprehensive overview from immediate handling to sue strategies.

What to do if a contract is breached? A lawyer explains the process of breaching a contract, terminating a contract, and seeking compensation.

What to do if you can't collect payment? A complete analysis of corporate debt collection, payment orders, presumptive attachment, and enforcement.

What to do if a departing employee takes a client list with them? Understanding non-compete agreements, confidentiality clauses, and trade secrets all at once.

Can a company be sued for fraud if it is owed money for goods and checks bounce? A lawyer teaches you how to distinguish between civil debt and criminal fraud.